Procedures for the imposition and removal of a travel ban in Dubai
Keyword: travel ban in Dubai
UAE has strict rules when it comes to travel bans. It is one of the most important rules to be aware of. The expats living in the country have to be very careful about observing the immigration and criminal laws of the UAE in order to avoid travel bans. But sometimes these travel bans can be removed as well. Curious to know more? Continue reading to find out more about the procedures for imposing and removing travel ban in Dubai.
How is a travel ban in Dubai imposed?
There are two ways through which a travel ban is imposed in Dubai. It can be imposed if a concerned party provides a request to do so in order to protect a private interest. Or it is can be imposed according to the implications of law by itself for protecting the public interest.
How is a travel ban in Dubai based on criminal offences imposed? How can it be removed?
During the investigation process of the criminal charges, a travel ban in Dubai is imposed on people who are accused of committing a crime automatically according to the rules of UAE. Such a ban can be enforced by the prosecution, police or the court. In crimes like bounced cheques which occurs when the debtor fail to provide amount required for the transaction, the creditor needs to file a complaint with the police in order to issue a travel ban to the debtor. After the travel is issued, the person accused will not be allowed to travel until the entire process of investigation is completed in case of people who are found not guilty. But, if a person is found guilty, he will not be allowed to travel until the end of the trial or the term of sentence. If you have a travel ban on the grounds of criminal offenses and you have an emergency to be in another country, you can request to remove the travel ban by submitting an application to the court. However, whether you obtain the approval to travel or not completely depends on the issue of bail and the seriousness of the offense.
What is the procedure for imposing travel bans in Dubai, in case of unpaid debts? How can it be removed?
According to the article (329) of the Civil Procedures Code, a travel ban can be imposed on the debtor if the creditor approaches the court and files a request to do so. The court can immediately assert a travel ban in such cases if it satisfies certain conditions. You cannot request to enforce travel bans on people if the amount they owe is less than 10,000 dirhams. It should be above that amount and there should be a valid proof of lending. I.e., the creditor should be able to provide a proof that the debtor received such an amount from the creditor. It should be a written document and the amount should be clearly mentioned. The amount should not be indefinite. The due date has to be specific. You cannot request for the travel of a person to whom you lent infinite amount of money for indefinite period of time. If the amount is not clearly defined, depending upon the nature of the case, the judge can make an interim estimation if there is a written or printed document as evidence which is signed by both the parties and also if the credit can submit a bail to submit the damages to the debtor if he doesn’t win the case. The creditor should also be able to state why he has the fear that the debtor would leave the country without paying the debt off.
Meanwhile, the debtor has the right to object the travel ban by filing a petition in the higher courts. But the travel ban might continue and it will stay in effect as long as the amount is unpaid and the debt remains unclear.
However, the travel can be removed in some instances by a judge if he fails to identify all the proofs presented in the court as satisfactory legal evidence for holding the case. Also, if the creditor is an acquaintance, sometimes he might be willing to remove the travel ban and he needs to provide a written permission to the court for proving the same. Also, if the creditor has not provided to the judge what proves the prosecution of the action of the debt within eight days from the issuance of the travel ban, or has not started the execution of the final decision to his benefit within 30 days from the date of its issuance. Sometimes, if the debtor can submit a bank bail or solvent bonds approved by the judge, travel ban can be removed. In other instances, if the debtor deposits a sum of money equals to the debt and court expenditures, the travel ban in Dubai can be removed.
How does a travel ban work in case of the violation of immigration laws?
Travel ban based on immigration law violation occurs automatically the moment the violation is noticed and registered by the concerned authorities. It is instantaneous in most of the cases and it must be a lifetime ban from entering the UAE. It normally cannot be changed or reinstated. But when it comes to the affairs related to employment and absconding, such as when an employee leaves the organization without informing the authorities or following the proper procedures associated, the employer needs to inform the concerned government authorities. During such cases also, lifetime travel ban in Dubai will be issued.
The travel ban in Dubai based on family matters, how is it enforced? How it can be removed?
A travel ban in Dubai on the child can be imposed when it comes to family matters. However it can be removed if the parent or guardian proves to the court that the child will not be brought back to the UAE again when such an issue prevails and that both parties are alright with the decision of the child travelling outside of the country.
How does it work if a travel ban in Dubai and a deportation order get imposed at the same time?
Deportation usually occurs when there is a threat from a person of other nationality in any form in the UAE. It could on the grounds of morality, legality or ethics. In such cases, the person will be immediately deported and he will not be allowed to enter the country again. But in some cases, if there exist a deportation order as well a travel ban, which are mutually exclusive, a special committee will be formed to evaluate the situation and necessary actions will be taken.
If you think that there might be ban on international travel for you, please make sure to check if have been imposed with a travel ban in Dubai before making the necessary arrangements for the journey. It might cost you a lot in terms of money, time, effort and security. Hence, it is highly recommended to check before you pack! If you have further questions, do not hesitate to call our lawyers for a free guidance!