The Role of Travel Bans in Mitigating Risks and Safeguarding Individual Freedom

Publish : 05 Feb 2024

Curious about the procedure? Wondering when and how to apply? Discover the answers and valuable insights in this delightful journey through the intricacies of travel ban regulations.

By the end of this article, you'll be equipped with knowledge that satisfies your curiosity and empowers you to make informed decisions when considering the travel ban procedure.

Unveiling the Motivation Behind Travel Bans: Exploring the Reasons

In the UAE, a travel ban denotes the prohibition of an individual's entry into or exit from the country, or re-entry into the UAE, until specific conditions are fulfilled. When implementing a travel ban, UAE authorities issue a directive to all state border crossings, preventing the individual in question from entering or leaving the country.

Understanding Travel Ban Procedures Dive into this precautionary process to prevent risks and protect individual rights.

Reviewed and evaluated for a decision to be made by the summary judge or magistrate of summary justice, this swift process smoothly unfolds when meeting UAE law's specified requirements.

Therefore, Travel Ban for its Versatility in Proceedings, Swift Resolutions, and Irreversible Action Tied to Addressing the Root Cause.

Embarking on the process of filing a travel ban petition, it's important to note that this application will gracefully tread alongside the original case\ legal action without causing any disruption, suspension, or delay.

 The legal journey continues seamlessly, ensuring the pursuit of justice remains   uninterrupted."

Regulations and Articles Shaping the Travel Ban Procedure 

In UAE, the regulation of the travel ban lacks a singular legal framework, meaning there is no comprehensive legislation that oversees the entire travel ban regime while elucidating the grounds for its imposition. Instead, this distinctive system operates through various resolutions and clauses dispersed across numerous laws and regulations.

In navigating the complexities of travel bans within the country, the adoption of this unique approach is skillfully orchestrated by a blend of legal provisions.

This fascinating system works its way through a variety of resolutions and clauses intricately woven into numerous laws and regulations.

At its core are the details of legal intricacies, introducing layers of complexity to the fabric of the travel ban process. Amidst this engaging interplay of regulations, one key player takes center stage—Federal Law No. 6 of 1973 for Residency and Immigration, a fundamental element in shaping the regulations governing travel restrictions. Together, these legal elements form a captivating symphony that defines the nuanced landscape of travel ban regulations in the country.

Additionally, the Executive Regulations, modified by Ministerial Decree No. 83 of 2002, delineate a comprehensive list of foreigner categories prohibited from entering or leaving the UAE.

Another significant piece of legislation is Federal Decree-Law No. 42 of 2022, of the Civil Procedure Code, further contributing to the framework governing the prohibition of travel. These legal instruments collectively shape the intricate landscape of travel ban regulations in the UAE.

Extent and Duration of Travel Bans

The application and submission of a travel ban request encompass a broad scope. Within this expansive landscape, we'll explore the various types of cases and claims that warrant the initiation of the travel ban procedure, along with insights into the extent and duration of its application in accordance with the prevailing laws and regulations.

 

1) Criminal Offences:

The automatic issuance of a travel ban is stipulated under Article 94 of the executive regulations of Federal Law No. 6 of 1973 on Immigration and Residence.

 

2) Outstanding Debts:

Initiated at the creditor's behest, this serves as a precautionary measure to safeguard a right.

 

3) Violation of Immigration Laws:

In cases of such violations, the travel ban may be extended indefinitely.

 

4) (Personal Status):

Tailored to the specific requests and desires of the custodian or guardian, the travel ban duration varies based on individual circumstances.

 

Travel Ban Waivers When and How?

In the realm of travel ban waivers for outstanding debts and civil cases, the journey to relief unfolds through various enchanting avenues. When and how can this release occur?

 

1) Expiry of the Right:

When the right reaches its natural conclusion where the claiming amounts are settled and fully paid.

2) Creditor's Written Consent:

The creditor's written approval acts as a potential for a travel ban waiver.

3) Providing a Bank Guarantee or Affordable Guarantor:

A financial safeguard or a reliable guarantor can be the spell that dispels the travel ban.

4) Deposit of the Value of the Debt and its Approximate Expenses in the Court's Treasury:

An offering to the court's treasury, comprising the debt value and associated costs, can be instrumental in obtaining a waiver.

5) Failure to File a Claim Within 8 Days of the Order Issuance:

Timing plays a pivotal role – if a claim isn't filed within 8 days of the order, the travel ban could be lifted.

6) Non-execution of Sentence Within 30 Days of its Enforceability:

When the sentence \ judgment remains unexecuted for 30 days following its enforceability, the travel ban's hold begins to wane.

 

UAE's Initiatives: Advancing and Streamlining the Travel Ban Procedure

It is highly advisable to thoroughly investigate the existence of any travel ban against you before embarking on a journey, as doing so can help mitigate potential material losses and prevent unexpected surprises at the airport.

UAE has strategically implemented measures for travel bans to serve as safeguards for individuals.

One of the measures is the valuable and complimentary service the Dubai Police website offers that enables individuals to electronically scrutinize the criminal status of financial cases in Dubai at any time. This collaborative service with the UAE Digital Government empowers users to ascertain the presence of a travel ban against them. Accessible 24/7, this online service requires individuals to input their Emirates ID number for inquiries.

Moreover, the same inquiry functionality is seamlessly integrated into the Dubai Police app, available on both iTunes and Google Play platforms, ensuring convenient accessibility for all community members.

This proactive approach to checking travel bans aligns with the UAE's commitment to ensuring the security and well-being of individuals.

Written by Walaa Elbagir, Legal Secretary

 

How can we help?

Hamdan Al Shamsi Lawyers and Legal Consultants are perfectly positioned to assist our clients in respect of all claims in the Dubai Courts and in front of Dubai Police.

Our specialized lawyers in Criminal or Personal Status Law will be able to further assist and answer any questions you may have regarding travel bans.

We work with some of the best lawyers in Dubai to represent our clients in all litigation matters.

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