Concerning the Tribunal for Review
of the
Enforcement of Deportation Judgments
and Travel Ban Orders[1]
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We,
Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Federal Law No. (39) of 2006 Concerning International
Judicial Cooperation in Criminal Matters and its amendments;
Federal Law by Decree No. (29) of 2021 Concerning Entry and
Residence of Foreigners and its Implementing Bylaw and its amendments;
Federal Law by Decree No. (31) of 2021 Issuing the Crime and
Punishment Law and its amendments;
Federal Law by Decree No. (38) of 2022 Issuing the Criminal
Procedure Code and its amendments;
Federal Law by Decree No. (42) of 2022 Issuing the Civil
Procedure Code;
Law No. (6) of 2005 Regulating the Dubai Courts and its
amendments;
Law No. (13) of 2016 Concerning the Judicial Authorities in
the Emirate of Dubai and its amendments;
Decree No. (26) of 2013 Concerning the Rental Dispute
Settlement Centre in the Emirate of Dubai;
Resolution No. (7) of 2007 Forming the Tribunal for Review
of the Enforcement of Deportation Judgments and Travel Ban Orders; and
Resolution No. (6) of 2008 Determining the Remunerations of
Members of the Tribunal for Review of the Enforcement of Deportation Judgments
and Travel Ban Orders,
Do hereby issue this
Resolution.
The following words and expressions, wherever
mentioned in this Resolution, will have the meaning indicated opposite each of
them unless the context implies otherwise:
|
UAE: |
The United Arab Emirates. |
|
Emirate: |
The Emirate of Dubai. |
|
Ruler: |
His Highness the Ruler of Dubai. |
|
Judicial Council: |
The Judicial Council of the Emirate. |
|
Chairman: |
The chairman of the Judicial Council. |
|
Judicial Authority: |
The Dubai Courts and the Public Prosecution. |
|
Courts: |
The Dubai Courts. |
|
Public Prosecution: |
The Public Prosecution of the Emirate. |
|
RDSC: |
The Rental Dispute Settlement Centre in the Emirate
of Dubai. |
|
Tribunal: |
The Tribunal for Review of the Enforcement of Deportation Judgments and Travel Ban Orders, governed
by this Resolution. |
|
Deportation: |
The removal of a Foreign natural person from the UAE
pursuant to a judgment or decision issued by a Judicial Authority, or an
administrative decision issued by the competent Government Entity in
accordance with applicable legislation. |
a.
The
provisions
of this Resolution apply to the Tribunal for Review of the Enforcement of
Deportation Judgments and Travel Ban Orders formed pursuant to the
above-mentioned Resolution No. (7) of 2007, and comprising:
1. a Judge
from the Courts, whose grade is not lower than senior appellate Judge, as
chairman;
2. a
Judge from the Courts, whose grade is not lower than appellate Judge, as
member;
3. a
Judge from the RDSC, whose grade is not lower than appellate Judge, as member;
4. a
Member of the Public Prosecution, whose grade is not lower than chief
prosecutor, as member; and
5. two
(2) representatives from the competent Government Entities in the Emirate, as
determined by the Chairman, as members.
b.
The
chairman and members of the Tribunal will be appointed pursuant to a resolution
issued by the Chairman, based on nomination by their
respective Government Entities.
c.
The
Tribunal will have a secretary selected from among the employees of the
Judicial Authority. The secretary will be appointed pursuant to a resolution
issued by the chairman of the Tribunal, upon coordination with the Judicial
Authority in which the secretary is employed.
The Tribunal will have jurisdiction to
consider and determine the enforcement of Deportation judgments and decisions,
in cases where a travel ban order has been issued by
the Judicial Authority against the same natural person who is subject to
Deportation. For this purpose, the Tribunal will have the authority to
coordinate with the concerned entities in the Emirate.
a.
For
the purpose of exercising its jurisdiction under Article (3) of this
Resolution, the Tribunal may:
1.
stay the enforcement of a
Deportation judgment or decision;
2.
cancel a travel ban order issued by
the Judicial Authority;
3.
order the temporary release of a
person sentenced to Deportation, subject to such guarantees as the Tribunal
deems appropriate;
4.
coordinate in advance with the
entities responsible for the enforcement of judgments in the UAE, to ensure
that the decisions of the Tribunal are consistent with any actions taken by
these entities; and
5.
exercise any other powers determined
pursuant to the relevant resolution issued by the Chairman.
b.
When
issuing
a decision to stay the enforcement of a Deportation judgment or decision, or to
cancel a travel ban order, the Tribunal must take into account the following:
1.
the
risk posed to the community by staying the enforcement of
the Deportation judgment or decision; and
2.
the best interests of the creditor,
including verifying that the debtor possesses sufficient assets against which enforcement may
be effected.
a.
Meetings
of the Tribunal will be valid if attended by all of its members. Decisions of
the Tribunal will be passed by majority vote of its members, and in
the event of a tie, the chairman of the Tribunal will have the casting vote.
b.
Decisions
of the Tribunal will be issued and enforced in the name of the Ruler.
Decisions of the Tribunal will be final, irrevocable,
and not subject to any form of appeal.
The Tribunal will submit to
the Judicial Council an annual report on the outcome of its work, the obstacles
encountered by it, and the relevant solutions and proposals recommended by the
Tribunal.
The provisions of the
above-mentioned Resolution No. (6) of 2008 apply to the remunerations of the
chairman, members, and secretary of the Tribunal.
The Courts will provide administrative and
technical support to the Tribunal to enable it to exercise its duties and
powers under this Resolution, the resolutions issued in pursuance hereof, and
other legislation in force in the Emirate of Dubai.
All concerned entities in the Emirate
must fully cooperate with the Tribunal to enable it to exercise its duties and
powers under this Resolution, the resolutions issued in pursuance hereof, and
other legislation in force in the Emirate of Dubai.
The chairman of the Tribunal will issue the resolutions
required for the implementation of this Resolution, after their approval by the
Tribunal.
a.
This
Resolution supersedes the above-mentioned Resolution No. (7)
of 2007.
b.
Any provision in any other
legislation is hereby repealed to the extent that it contradicts the provisions
of this Resolution.
This Resolution comes into force on the day on which
it is issued, and will be published in the Official Gazette.
Mohammed bin
Rashid Al Maktoum
Ruler of Dubai
Issued in
Dubai on 30 January 2025
Corresponding
to 30 Rajab 1446 A.H.
©2025 The Supreme Legislation Committee in the
Emirate of Dubai
[1]Every effort has been made to produce an
accurate and complete English version of this legislation. However, for the
purpose of its interpretation and application, reference must be made to the
original Arabic text. In case of conflict, the Arabic text will prevail.