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Looking for ways to check travel ban in UAE Online?
The travel ban in the United Arab Emirates is primarily governed by Article 29 of the country’s Constitution, which protects the right of individuals to move freely both within and outside the country. However, this right is not absolute and may be restricted by the government in certain circumstances, such as if the person is under investigation for a criminal offense, or if they are a debtor and their creditor has requested a travel ban.
According to the law, a person may be banned from travelling if the official authorities have the legal authority to impose such a ban and their actions are in accordance with established statutory law. This means that the government has the power to restrict an individual’s travel for the purpose of protecting the greater public good.
It is important to note that creditors also have the right to request a travel ban on their debtors. This is established under Article 329 of the Civil Procedure Code, which has been amended by Federal Law Number 30 of 2005. To initiate a travel ban, the creditor must submit an application to the relevant judicial authority or head of competent authority.
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The Penal Laws of the United Arab Emirates (UAE) are designed to protect the national security and domestic peace of the country. These laws contain specific provisions for the deportation of foreign nationals who pose a threat to the country. The procedures for deportation are clearly outlined in the laws and are only applicable to foreign nationals, not citizens of the UAE. The Constitution of the UAE protects the rights of its citizens and prohibits their banishment or deportation from the country.
Foreign nationals may be subject to deportation if they have committed crimes related to drugs, immigration or moral turpitude. However, for other types of crimes, the courts have the discretion to impose alternate penalties. It is crucial to note that foreign nationals may also be subject to travel bans in addition to deportation. A travel ban is an executive order issued by the court due to specific reasons and can only be lifted once those reasons are resolved.
In some cases, a foreign national may be subject to both a travel ban and a deportation order. The travel ban serves as a preventive measure to prevent the individual from leaving the country, while the deportation order ensures that they are removed from the country permanently. The laws regarding travel ban and deportation are separate and distinct, and it is important to understand the implications of each in order to ensure compliance with the laws of the UAE.
Reasons for Travel Ban in UAE
Travel bans in the United Arab Emirates (UAE) are a common practice that is enacted for various reasons. The UAE has become a popular destination for travelers, both for leisure and business purposes, and the government has implemented measures to ensure the safety and security of its citizens, residents, and visitors. In this article, we will explore the reasons for travel bans in the UAE, including but not limited to financial reasons, criminal activity, and public health concerns.
One of the main reasons for travel bans in the UAE is financial. The UAE has a robust legal system that allows individuals to bring civil lawsuits against those who owe them money. If a person has failed to pay a debt, they can be placed on a travel ban list, which restricts their ability to leave the country until the debt is resolved. This helps to protect creditors from losing their money and ensures that people are held accountable for their financial obligations.
Another reason for travel bans in the UAE is criminal activity. The UAE takes a hard stance against crime, and the government has implemented measures to deter people from engaging in illegal activities. For example, individuals who have been arrested for serious crimes, such as drug trafficking, may be placed on a travel ban list. This helps to prevent those who have committed crimes from fleeing the country and escaping justice. The travel ban remains in place until the person has been tried and convicted, or until they have reached a plea agreement.
Public health concerns are another reason for travel bans in the UAE. The government takes the safety and well-being of its citizens and visitors very seriously, and it has implemented measures to ensure that the country remains free from infectious diseases. For example, individuals who have been diagnosed with a contagious disease, such as tuberculosis or bird flu, may be placed on a travel ban list until they have received treatment and are deemed fit to travel. This helps to prevent the spread of diseases and protects the health and safety of others.
One of the most critical factors towards imposing travel bans in UAE is national security. With the ever-present threat of terrorism, the government of the UAE has taken steps to protect its citizens and visitors by carefully screening who is allowed to enter the country. Travel bans are one of the measures used to ensure that only those who pose no threat to the country and its people are permitted to enter. The authorities use a combination of intelligence, technology, and international collaboration to identify individuals who may pose a risk to the UAE, and those individuals are added to a blacklist, which means that they are unable to travel to the country. The travel ban also helps to prevent the entry of individuals who may engage in criminal activities such as human trafficking, drug trafficking, and other forms of organized crime. By implementing travel bans, the UAE is taking a proactive approach to securing its borders and ensuring that the country remains safe for everyone who lives and travels there.
Types of Travel ban in UAE and ways to resolve
Travel ban with the force of law
A travel ban in UAE is automatically instituted against a person the moment any criminal report is being filed against him/her. The travel ban is being executed by the competent authorities, by issuing the notice of such an order of the court to all the state ports. The travel ban remains in force until the penal claim is being settled and the final order is executed. In case the person being issued a travel ban order, needs to travel, he/she may submit a bail application to the judge, requesting for a bail order.
Travel ban by a creditor
Article 329 and 330 of federal civil procedure confers upon a creditor, the right to apply for issuing a travel ban against the debtor. The application can be made by a creditor only when the amount of debt is more than AED 10,000/- and when the creditor has a sufficient reason to believe that the debtor might flee from the country without paying the dues.
The fact that the debts are due and that the debtor is a foreign national are not the sufficient grounds to submit an application before the competent authority. The law says that the debts should be definite, payable and clearly defined. The application for travel ban in UAE must be made in writing by the creditor, specifying the exact amount of debts.
On the other hand, the debtor is supposed to submit a bond before the court, stating the possible losses which he might incur, in case he is not allowed to travel because of the travel ban order. In a situation where the case goes in the favour of debtor, the creditor can be asked to compensate the debtor for all the losses that might have been caused to him.
Such a rule helps in avoiding malicious claims that might be placed before the court by the creditors. In case a travel ban is ordered, the debtor’s passport is deposited in the court’s treasury and a circular regarding the same is issued at all state ports.
The debtor can file for an appeal before the higher court if he feels that a wrong decision has been given by the court. Although the travel ban in UAE is issued by the judge without hearing the debtor, the creditor is supposed to file a subjective lawsuit within eight days from the date of travel ban and also, the law requires the creditor to execute the ban order within thirty days from the date of order, or else the ban shall be lifted.
Article 330 governs the lifting and ending of bans and the ban stays in force until the dues are being paid back by the debtor. However, a judge can lift the travel ban order under following situations:
- If a required condition for the travel ban in UAE abates
- If the creditor agrees in writing to set aside the judgement
- If the debtor deposits sufficient bond, or assign a well-off sponsor agreed upon by the judge
- If the debtor deposits to the court treasury a sum equal to the debt and expenditure allocated for the fulfillment of the creditor’s right upon which the ban was issued. This sum is retained with the force of law for the benefit of the creditor.
Travel ban by a parent or guardian
The mother does not have the right to take a child outside the father’s country without getting a written agreement signed by the guardian of child, which in accordance with Article 149 of personal affairs law. The law says that a parent can withhold the passports of their children. A conflict can arise if the mother belongs to a foreign nationality and wants to take her child for travelling without father’s permission. In such cases, the father can submit an application before the court to put a travel ban on his children in their personal interest.
Article 149 of personal affairs law and the explanatory memorandum thereof states that a custodian may not travel with the child outside the country without a written agreement of the guardian, as this prevents the guardian care taking of their child. Hence, legislators required the guardian’s written agreement. In case the guardian disagrees, a claim may be submitted to be settled by a judge. The judge will issue a final judgement in light of justifications given by both the custodian and guardian. Travel of the custodian does not abate their right in custody as long as the child is not lost.
Illegal travel ban
This kind of travel ban does not find any place under the provisions of any statutory law and hence, it has been banned. The illegal travel ban takes place when the creditor or the employer simply withholds the passport, which indirectly leads to banning from travel. Such kind of a ban is simply illegal and unacceptable, and this is in accordance with the judgement of the cassation court of Dubai, which said that a sponsor cannot withhold the passport of the sponsored, irrespective of the kind of relationship that might exist between the parties, and this rotates around Article 329 of Civil Procedure Code, which states the cases in which a travel ban in UAE may be imposed by the competent judge in accordance to the law.
The law also says that the creditor cannot withhold the passport of the debtor even if the debtor gives his consent to do so, and such agreements are null and void according to the law, as they violate rights and freedoms. Article 26 and 29 of the Constitution of UAE refer to the liberty and freedom of movement, which have been guaranteed to an individual by the law.What is the difference between a deportation order and a travel ban in the UAE?
Travel bans protect the individual interests of the people, they are issued on the request of the creditors and such a ban can be abated or lifted by means of appeal. Deportations on the other hand protect the public interest, they are mandated by law and such orders are final and cannot be abated.
There is a separate provision which states that a deportation order cannot be ended by a judgement and this forms the central idea of Article 131 of the penal code. But on the contrary, Article 132 states that the court order of deportation can be annulled if the court receives any request from the concerned authority or from the public prosecution to put an end to the court order.
Earlier, the cassation court used the old provisions as the ground for its decision to deny the creditor, the right to issue a travel ban in accordance with Article 329, as it used to conflict with the power of deportation orders, which used to cause huge losses to creditors. This phenomenon did not last very long as the Article 329 was amended by Federal Law Number 30 of 2005 amending certain provisions of Federal Law No. (11) of 1992 concerning the Civil Procedures Law, which said that a travel ban in UAE order should not interfere with the final deportation order. The new provision says that final judgement issued against a debtor does not conflict with the creditor’s right to apply for travel ban in UAE against the debtor which acts as a precautionary measure for the creditors to guarantee its debt fulfillment.
The new law says that in case there is a deportation order and travel ban order against the same person, an adhoc committee is being formed and chaired by a judge to decide which order is to be executed. The law says that an adhoc committee shall order the execution of deportation order in case the creditor did not submit a subjective claim or failed to execute the judgement issued thereof.
If sufficient evidence is found on debtor owing considerable amount of money, deportation can be delayed. Similarly, if a person is suffering from some contagious disease, deportation may be preferred over travel ban. Further, it is to be submitted that the above stated laws cannot prevent a competent judge from issuing a travel ban in UAE, regardless of the fact that a final deportation has already been given against the same person.
How to Check online if you have a travel ban in the UAE ?
How to Check online if you have a travel ban in Dubai?
Dubai Police have launched a website where residents can see if they have travel bans because of financial criminal cases against them in the emirate. The mandatory requirement is that you have an Emirates ID linked to a phone number and which is registered with your file in the UAE immigration. Note that the registered mobile number has to same across both the channels i.e. the Ministry of Interior and the Emirates ID authority.
Steps to check travel ban in UAE Online through Dubai Police Website
- Visit the official website of Dubai Police at Dubaipolice.gov.ae. Here’s
- Select ‘Criminal Status of Financial Cases’ that is listed among their Individual Services section
- Enter Emirates ID card number and resolve the captcha given. It,s mandatory that your mobile number is consistent across Emirates ID authority and the MOI. The website will display last four digits of the mobile number available in the system, so that’s an easy start.
- Enter activation code received on your registered mobile number
- In case there is a travel ban, you will be alerted and advised to head over to any Dubai Police station along with your Emirates ID, passport copy and an Authority Letter.
The free-to-use service can also be accessed through the Dubai Police app and means people no longer have to visit a police station to enquire about their status.
Check if you have a travel ban at dubaipolice.gov.ae or download the Dubai Police app on Android or iOS. You’ll need your Emirates ID too.
How to Check online if you have a travel ban in Abu Dhabi or other Emirates?
Residents in the capital can visit the Judicial Department in the Abu Dhabi website to check if they have any claims filed against them in Public Prosecution. A unified ID number is required at their Estafser e-service where requests related to cases can be made. There are no provisions for online checking of travel ban in any Emirates other than Dubai and Abudhabi.
Looking for a convenient way to check travel ban in UAE online?
- Visit Wire stork’s travel ban check portal.
- Upload a copy of your last known visa page and a front page of the passport that your used to exit the country.
- Upload a copy of your Emirates ID. This is not mandatory
- Pay the required Fees.
- Get your comprehensive report including status of travel ban, details of complaints registered at police stations including relevant file numbers and plaintiff details (where applicable).
Check Travel ban in UAE Online
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