Judicial Deportation
Legal deportation is issued under a court order against a foreigner who is sentenced for a felony by a custodial punishment. Article 121 of Law No. 3 of 1987 on penal code, amended by virtue of Federal Law No. 34 of 2005, amended by virtue of Federal Decree-Law No. 7 of 2016 provides that a foreigner, who is sentenced for a felony by a custodial punishment or for crimes involving sexual assault, shall be deported from the State. In other misdemeanours, the court may order that he must be expelled from the country or that the expulsion be as an alternative penalty to the custodial punishment.
Administrative
Administrative deportation is issued by Federal Identity and Citizenship Authority against a foreigner for the sake of public interest, public security or public morals. This type can be removed under an application to be submitted to General Directorate of Residency and Foreigners’ Affairs in the related emirate. According to the Ministerial Decision No. 360 of 1997, promulgating the executive regulation of Law No. 6 of 1973 on Entry and Residency of Foreigners, amended by Decree Law No. 17 of 2017, the federal public prosecutor or his legal representative and chairman of Federal Authority for Identity and Citizenship or his representative may issue a deportation order against a foreigner, even if he/she holds a valid entry permit or residency visa, if that deportation order is required for the sake of public interest, public security, public morals or public health, or if that foreigner does not have an apparent means of living. Order of deportation issued to a foreigner may include the members of his family, who depend on him for their living.
Note: according to Article 4 of the Federal Decree Law No. 3 of 2017, all jurisdictions and powers of Ministry of Interior in relation to nationality, passports and foreigners’ entry and residency is included in the enforceable laws, statutes and decisions, shall be conferred to the Federal Identity and Citizenship Authority (FICA). The FICA shall have the right to exercise such jurisdictions for the purpose of accomplishment of its objectives.
Grace period to settle interests of the deported person
If a foreigner against whom a deportation order has been issued has interests in the country that need to be settled, he shall be granted a grace period after providing a bail. Federal Authority for Identity and Citizenship shall define the duration of that grace period, which shall not exceed three months.
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