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Abu Dhabi, UAEMonday 18 June 2018

UAE legal Q&As: I was deported from the UAE, when can I return?

A reader asks if a deportation order constitutes a lifetime ban and another asks if he can drop a case he filed against his friend

Seven years ago, I was involved in a criminal case and the criminal court sentenced me to deportation. I now wish to return to the UAE. How long is the deportation order valid?

A deportation order issued by the criminal court is permanent. This means it is a lifetime ban.

I am an Asian expatriate. I came as a visitor to the UAE to see one of my former colleagues. During my visit I had an argument with him and he insulted me publicly. I filed a criminal case against him and travelled back to my home country. My friend then apologised to me and asked for my forgiveness, which I gave to him. Can I drop the case and waive my right?

As per Article no. 10 of UAE criminal procedure law, you have the right to drop the case at any stage: if it is still under police investigation, has been transferred to the prosecution or if it is in the criminal court.

One of my business partners gave me a cheque for Dh2 million as payment for a personal loan I had previously given him. The cheque bounced due to insufficient funds. I know if I file a criminal case against him, he can potentially face a prison sentence and a fine but I want him to be deported instead. Can I file it as a fraud case?

Unfortunately, cheque cases cannot be filed as fraud cases as indicated in petition no. 175 of 2003 by the Supreme Court. A bounced check is not considered as fraud.

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Our legal consultant

Name: Hassan Mohsen Elhais

Position: legal consultant with Al Rowaad Advocates and Legal Consultants.