“The freedom of movement and residence will be granted within limits of laws” quotes from Article 29 of the UAE constitution offers freedom and simultaneously curtail it on the basis of law.
The notion travel ban or deportation is used desert quad biking Dubai common parlance in UAE and can be imposed on various grounds such as, as a consequence of a criminal act, violating immigration laws, unpaid debts, under a civil claim. The concerned article, by Criminal Lawyers in Dubai, intends to guide the readers in comprehending the laws pertaining to a travel ban in UAE, the procedure for removing a travel ban in UAE and other similar points.
In legal terms travel ban is a restriction on ongoing freedom of movement or prohibiting a particular individual from entering, re-entering or exiting the country. The travel ban so issued by the government of UAE restrict the individual to cross the border through any means of transport. As mentioned above, travel ban can be caused through a variety of claims and complaints and some of these claims arose due to legal implications or due to immigration. A travel ban is distinctly different from a labour ban or an arrest warrant, and the difference is highlighted as below:
- Travel Ban and Labor Ban: a labour ban does not restrict the individual to enter or exit the country. However, it restricts to receive a work permit from MOHRE (Ministry of Human Resources and Emiratization) for a limited period pursuant to Federal Law Number 8 of 1980 concerning the Labor Law of UAE and its amendments. In such circumstances, the employee can either visit the country on a different visa and can apply for a job where a work permit from MOHRE is not required such as in free zone companies or public sector. On the other hand, a travel ban is a ban on immigration to enter UAE for all or any reason.
- Travel Ban and Arrest Warrant: An arrest warrant is issued for detention of a person by a competent authority who committed a criminal offence under Article 45-46 of the Federal Law Number 3 of 1987 concerning the Penal Code or who fails to oblige with the final judgment of execution court under Federal Law Number 11 of 1992 regarding the Civil Procedure Code.
An arrest warrant under criminal law is issued if the public prosecutor has sufficient evidence of his guilt, whereas, under the Civil Law, the arrest warrant can be issued by a judge of Execution court, should the debtor fails to submit the claim which is more than AED 10,000. Ergo, the objective of an arrest warrant is entirely different from that of the travel ban, as, in an arrest warrant, the accused is kept in custody until the happening of a specific event, whereas, the travel ban does not let the person enter or exit the country permanently until specifically removed.
In the case of a travel ban, the accused will not be allowed to cross the border or enter UAE, however, it does not mean that he will be detained at the airport unless specifically mentioned by the court or competent authority. All the arrest warrants entail travel ban, but all the travel ban does not require an arrest warrant.
The legislature of UAE does not involve a particular law designated to issues pertaining to a travel ban and the procedure for its removal.
However, its existence is evident from various federal laws of UAE. Accordingly, Federal Law Number 6 of 1972 regarding the Immigration law and an amendment through Ministerial Decree Number 83 of 2002 which provides a non-exhaustive list of categories under which an expatriate cannot enter or exit the country.