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Deportees cannot return without ministry approval

By Mohammed Al Sadafy

Expatriates deported from the UAE cannot return to the country, unless they have a judicial or administrative ruling or special permission from the Ministry of Interior.

This is in accordance with a new legal principle, issued by the Dubai Court of Cassation. A visit visa or a residence permit issued by the General Department for Residency and Foreigners Affairs (DGDRFA) stands void if there is no permission of the Interior Minister, the court ruled.

The principles were issued when the court considered the appeal of a foreign woman, who was fined Dh10,000 and was deported.

The Dubai Public Prosecution referred the woman for trial as she entered the UAE without the permission of the Interior Minister.

The Court of First Instance heard the case and fined her Dh10,000 to be followed by deportation. But the woman took the case to the Appeals Court, which upheld the ruling.

Unsatisfied by the two verdicts, she then moved the Court of Cassation, which issued the above principles.

The woman’s argument was that she had a residence visa and is sponsored by her Emirati husband.

But the Court of Cassation rejected her clarifications stating that Interior Ministry’s data as well as her fingerprints confirm the fact that she had been previously deported from the UAE under charges of prostitution. And that she later returned on a visit visa and then changed status to residence visa under the sponsorship of her husband. This, the court ruled, is in violation of the legal rule as well as the Interior Minister's decision.

The Court of Cassation based its ruling on Federal Law No. 6 of 1973, as amended by Law No. 13 of 1996 on entry and residence of foreigners.