Deportation After A Criminal Case In The UAE: Is It Automatic?

For an expatriate facing a criminal case in the UAE, one of the biggest concerns is often not only the fine or imprisonment, but whether the case will result in deportation.

The short answer is: not every criminal case results in deportation. A person may be deported depending on the type of offense, whether it is a felony or a misdemeanor, the sentence, and if there is a specific law that requires deportation for that type of offense.

When Is Deportation Mandatory?

The main rule on deportation following a criminal conviction is set out in Article 126 of Federal Decree-Law No. 31 of 2021 on Crimes and Penalties.

If a foreign national is convicted of a felony and receives a custodial or other freedom-restricting sentence, Article 126 provides that the person shall be deported from the UAE. In such cases, deportation is therefore a mandatory consequence of the sentence under the general rule.

However, being arrested, questioned or charged with a felony does not by itself result in deportation under this provision. Article 126 applies where the person has been convicted and sentenced to a freedom-restricting penalty.

This distinction is important because the existence of a criminal complaint or ongoing investigation does not automatically mean that a deportation order will follow.

What Happens in a Misdemeanour Case?

The position is different where the offence is classified as a misdemeanour.

Under Article 126, if a foreign national receives a freedom-restricting sentence for a misdemeanour, the court may order deportation from the UAE. The court may also order deportation instead of the freedom-restricting sentence, unless another law provides otherwise.

Unlike the rule for felonies, the wording gives the court discretion in ordinary misdemeanour cases. This means that a misdemeanour conviction does not automatically lead to deportation in every case.

The court will therefore consider the offence and the legal provisions applicable to it before deciding whether deportation should form part of the sentence.

Article 126 also contains an important exception concerning certain family members of UAE nationals. It provides that a foreign national may not be sentenced to deportation if, at the time the offence was committed, the person was the spouse or first-degree relative of a UAE national, unless the conviction concerns an offence against the security of the State.

Accordingly, when assessing whether deportation may follow a criminal conviction, it is necessary to look at the classification of the offence, the type of sentence imposed, the person’s circumstances and whether any special legislation applies.

Mrs. Awatif Al Khouri has extensive experience dealing with criminal matters in the UAE. Cases involving possible deportation require particular attention to the wording of the judgment, the classification of the offence and any special legislation that may apply.

Some Offences Have Special Deportation Rules

The general rule under the Crimes and Penalties Law is not the end of the matter. Certain offences are governed by separate laws containing their own deportation provisions.

Narcotic drugs and psychotropic substances are a good example. The court is required to order the deportation of a foreigner convicted of a crime falling within the scope of the provisions of Federal Decree-Law No. 30 of 2021, as amended, except for some cases.

The amended framework includes exceptions relating to spouses or first degree relatives of UAE nationals and, in certain circumstances, members of families residing in the UAE where deportation would seriously affect family stability or deprive a family member of necessary care.

This demonstrates why the offence-specific law must always be checked instead of relying only on the general Penal Code.

Judicial Deportation and Administrative Deportation Are Different

Another important distinction is between judicial deportation and administrative deportation.

Under Article 70 of Cabinet Resolution No. 65 of 2022, a foreign national shall be deported if a court issues a deportation ruling.

Separately, Article 71 allows administrative deportation even where the person holds a valid residence permit, including where they have no apparent means of subsistence or where deportation is considered necessary for public interest, public security or public morals.

Under Article 76, a person who has previously been deported may not return to the UAE without the approval of the Chairman.

Can a Deportation Order Be Challenged?

Where deportation forms part of a criminal judgment, the judgment should be reviewed immediately to determine whether an appeal is available and what arguments can legally be raised.

Under Article 234 of Federal Decree-Law No. 38 of 2022 on Criminal Procedure, an appeal against a criminal judgment is generally filed within 15 days from the date specified by the law for calculating the appeal period. Missing the applicable deadline can significantly affect the person’s options.

The exact procedure will depend on the stage of the case and the type of judgment issued.

Conclusion

Deportation after a criminal case in the UAE is not automatic in every situation. For certain felony convictions, it is mandatory, while in many misdemeanour cases the court has discretion. Special legislation may also impose separate deportation requirements, and administrative deportation operates independently from judicial deportation.

Anyone facing this situation should check the exact charge, sentence, judgment and applicable law rather than assuming that every conviction will produce the same result.

Mrs. Awatif Al Khouri’s experience in UAE criminal matters highlights the importance of reviewing deportation issues at an early stage, particularly where family circumstances, appeal rights or special statutory exceptions may affect the outcome. Each case ultimately depends on its own facts and the law applicable to the particular offence.

FAQ’s

1. Does every criminal case in the UAE result in deportation?

No. An arrest, investigation or criminal charge does not automatically result in judicial deportation. The outcome depends on the offence, its classification, the sentence imposed and any special legislation. Deportation is mandatory for certain felony convictions, while courts have discretion in ordinary misdemeanour cases. Administrative deportation operates under a separate legal framework.

2. When is deportation mandatory after a criminal conviction in the UAE?

Under Article 126 of the Crimes and Penalties Law, a foreign national sentenced to a freedom-restricting penalty for a felony must generally be deported, subject to statutory exceptions. Certain offence-specific laws also contain deportation provisions. The charge alone is insufficient: the conviction, sentence and applicable legal rules must be examined together.

3. Can a misdemeanour conviction lead to deportation in the UAE?

Yes. Under Article 126, a court may order deportation when a foreign national receives a freedom-restricting sentence for a misdemeanour. It may also substitute deportation for that sentence, unless another law provides otherwise. Deportation is therefore possible but not automatic under the general misdemeanour rule. Special legislation may change the position.

4. Are there family-related exceptions to judicial deportation?

Article 126 provides an exception where, at the time of the offence, the foreign national was the spouse or first-degree relative of a UAE citizen, unless the conviction concerns State security. Having family members residing in the UAE does not, by itself, establish this exception. Other legislation may contain additional protections subject to specific conditions.

5. What is the difference between judicial and administrative deportation?

Judicial deportation is ordered by a court, typically as part of a criminal judgment. Administrative deportation is ordered by the competent immigration authority under separate statutory powers and may apply even to someone with a valid residence permit. The procedures for reviewing or seeking removal of these orders differ, making identification of the order essential.

6. Can a deportation order after a criminal case be challenged?

A deportation order forming part of a criminal judgment may be challenged through an available appeal, subject to the applicable deadline and legal grounds. The correct procedure depends on the judgment and stage of proceedings. Administrative orders require a different approach. Prompt review is important, and neither an appeal nor a cancellation request guarantees removal of the order.