Is it possible for an individual to be ordered deportation as well as travel ban? Under what circumstances can two such contradicting verdicts are given?
What measures can an individual adopt in such a situation?
Which organisation can the sentenced person approach to get the twin decisions negated?
What are the legal solutions to such issues?
Answering these questions exclusively for Emirates 24|7 is Judge Ahmed Ibrahim Saif, Head of the Committee of Deportation and Travel Bans in Dubai.
How an individual can be deported while facing travel ban:
Judge Ahmed Ibrahim Saif said an individual is deported when the court issues an order of deportation against him and this rule becomes final and enforceable.
He added that if the accused has exhausted all appeals, as happens mostly in drug and sexual assault-related cases, it leads to deportation.
He pointed out that individuals are banned from travelling when any party fails to honour their commitment. For example, fails to pay debt to individual or bank.
In cases where the creditor opens a lawsuit against the debtor before the court, in such a case the creditor is entitled to request the judge to prevent the debtor from traveling.
He added that in case all the travel ban conditions were met (such as the fear of the debtor fleeing from the country), the judge may issue a ban to stop the debtor from traveling.
In such a scenario, the debtor’s passport is taken away and the name of the debtor is included on the travel ban list.
Special committee set up for such cases:
Judge Ahmed Ibrahim Saif disclosed that the Federal Committee and the local committee have faced such dilemma where the clauses of the Federal Procedures Act stressed on the establishment of a panel to adjudicate the problem.
Due to the presence of local courts in Dubai, in 2007 a new committee known as the Committee of Deportation and Travel Bans was established to deal with such cases.
He added that the committee consists of the chairman, two senior police officers and two judges.
He pointed out that the committee holds two monthly meetings and the second meeting is always set aside for decision-making.
The Committee intervenes when:
The committee intervenes after the person who has received both the orders completes his prison term and it is time for him/her to be deported.
In such a case, the sentenced person has to submit a petition to the prison administration and the matter is transferred to the committee for consideration.
The standards followed by the Committee:
There are legalities involved in the implementation of deportation if a creditor requests the imprisoned person to be banned from travelling.
The other conditions to be taken into account in such a situation is the value of the claimed amount and the extent of benefit to be accrued by allowing the person (debtor/accused) to stay on in the UAE.
Communication with the committee:
The prisoners communicate with the committee through the legal measures where they can submit a petition to the prison administration, then meet with members of the committee.
The meeting involves discussion on the possibility of making a settlement with the creditors to repay the debts, or through an agreement concluded between one of his siblings, and between the creditor.
Creditors not serious:
Judge Ahmed Ibrahim Saif disclosed, “Many of the creditors who opened files against the debtors to ban them from travelling are not serious in pursuing their claims.”
He added that while applying for travel bans, they submit documents which confirm their rights, but after receiving decision in their favor, they do not follow up on the necessary procedures.
He added these measures are there so that they can recover their money. In order to claim what is rightfully theirs, they need to open a file to recover their debt during a period of 8 days set by law, or open a file to implement the travel ban, within a period of 30 days specified by law from the date of issuance of the ban of travel.
He said that such negligence by the creditors compels the committee to support deportation of the accused.
Judge appeals to Emiratis and residents to abide by the law and to communicate with the creditor, and attend the meetings of the civil cases filed against them, so as not to get tangled in a similar case.