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Request for Clemency from Deportation in the UAE, Whether Judicial or Administrative

Request for Clemency from Deportation in the UAE, Whether Judicial or Administrative
UAE law allows a person who has received a deportation order, whether judicial or administrative, to submit a clemency (leniency) request seeking a review of the decision, particularly where circumstances have changed or strong humanitarian grounds exist. Deportation in the UAE falls into two categories: judicial deportation, ordered by a court under Federal Decree-Law No. 31 of 2021 on Crimes and Penalties, and administrative deportation, issued by the Federal Authority for Identity, Citizenship, Customs and Port Security (or the General Directorate of Residency and Foreigners Affairs in each emirate) under Federal Decree-Law No. 29 of 2021 on the Entry and Residence of Foreigners. The party to whom the request is submitted differs depending on the type of deportation. At AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS, this guide explains the difference between the two types, where to file the clemency request, and the factors that improve its chances of acceptance.
Drafting the clemency request correctly increases its chances of acceptance .. contact us now
The Difference Between Judicial and Administrative Deportation in the UAE
Judicial deportation is ordered by the competent court against a foreigner convicted of a felony or misdemeanour punishable by a custodial sentence, under Federal Decree-Law No. 31 of 2021 on Crimes and Penalties, and follows automatically from the criminal judgment. Administrative deportation, on the other hand, is issued by the Federal Authority for Identity, Citizenship, Customs and Port Security, or the General Directorate of Residency and Foreigners Affairs in the relevant emirate, under Federal Decree-Law No. 29 of 2021 on the Entry and Residence of Foreigners, without requiring a criminal conviction - it is sufficient to establish a threat to public security, public morals, or public order in the country.
Where to File the Clemency Request
For Administrative Deportation Cases
The request is submitted to the Federal Authority for Identity, Citizenship, Customs and Port Security, or the General Directorate of Residency and Foreigners Affairs in the emirate that issued the decision, and can be filed electronically through the official smart channels.
For Judicial Deportation Cases
The request is submitted to the Public Prosecution or the court that issued the judgment, and in special cases may be escalated to the Supreme Committee for Mercy or the Federal Supreme Court, depending on the nature of the case.
Factors That Improve the Chances of Acceptance
Strong Family Ties in the Country
Such as a spouse or children legally residing in the UAE, or family obligations that would be difficult to sustain if the deportation is carried out.
Humanitarian or Health Reasons
Such as a critical medical condition requiring ongoing care that cannot be provided outside the country, or other exceptional humanitarian circumstances.
Absence of Security Risk
Demonstrating that the security concerns underlying the deportation decision no longer exist, or that the decision was based on inaccurate facts.
What the Clemency Request Should Contain
  • A clear, formal address to the competent authority (Public Prosecution, court, or Federal Authority for Identity and Citizenship).
  • Full details of the applicant or the person on whose behalf the request is made, and the number of the decision or judgment issued.
  • A clear statement of the grounds justifying a review of the deportation decision.
  • Supporting documents attached: proof of family ties, medical reports, or any evidence that the risk no longer exists.
  • A closing appeal requesting that the matter be reviewed with leniency and an appropriate decision taken.
Steps to Submit the Clemency Request
  • Identify the type of deportation (judicial or administrative) to determine the correct competent authority.
  • Prepare the clemency request and gather the supporting documents.
  • Submit the request electronically through official channels or directly to the competent authority.
  • Follow up on the status of the request regularly and confirm the authority has received all required documents.
  • If an administrative clemency request is refused, an administrative grievance or a claim to annul the decision may be filed before the administrative judiciary if the decision was based on inaccurate facts.
Can the Request Be Filed After the Deportation Has Already Been Carried Out?
Yes, a clemency request can still be submitted even after the deportation order has been executed and the person has actually left the country, although this requires coordination with the competent authorities within the UAE, and may require engaging a lawyer based in the UAE to follow up the procedures on the applicant's behalf until a decision is issued on permission to return.
Why Do Clients in Dubai and the UAE Trust FIRM_GOLD?
AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS is a licensed UAE law firm specialising in deportation matters and clemency requests before the Public Prosecution and the Federal Authority for Identity and Citizenship in Dubai and across all emirates of the country. We draft the request in the correct legal form, supported by appropriate documents, to strengthen its chances of acceptance.
Whether the deportation order issued against you is judicial or administrative, our team identifies the correct competent authority and follows up your request step by step through to a final decision.
Has a deportation order been issued against you or a member of your family?
Our legal team is ready to assess your case and prepare a strong clemency request before the competent authority, in any emirate across the country.
AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS
Frequently Asked Questions
Q What is the essential difference between judicial and administrative deportation?
Judicial deportation is ordered by a court following a criminal conviction, while administrative deportation is issued by the Federal Authority for Identity and Citizenship without requiring a criminal judgment, for security or public order reasons.
Q Where do I file a clemency request for an administrative deportation?
It is submitted to the Federal Authority for Identity, Citizenship, Customs and Port Security, or the General Directorate of Residency and Foreigners Affairs in the emirate that issued the decision, either electronically or in person.
Q Where do I file a clemency request for a judicial deportation?
It is submitted to the Public Prosecution or the court that issued the judgment, and in special cases may be escalated to the Supreme Committee for Mercy.
Q What are the most important factors that increase the chances of a clemency request being accepted?
Strong family ties in the country, documented humanitarian or health reasons, and proof that the security risk underlying the decision no longer exists.
Q Can an administrative deportation decision be challenged before the courts?
Yes, a claim to annul the decision can be filed before the administrative judiciary to challenge the legality of the deportation decision if it is shown to have been based on inaccurate facts.
Q Can a clemency request be filed after the person has already left the country?
Yes, the request can still be submitted after deportation has been carried out, but this requires coordination with the competent authorities and engaging a lawyer to follow up the procedures.
Q How long does it take to decide on a clemency request?
The duration varies depending on the type of deportation, the competent authority, and the volume of documents submitted; there is no single legally fixed period for all cases.
Q How do I contact a lawyer specialising in clemency requests?
You can contact AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS directly through the official communication channels shown below on this page.
Legal Disclaimer
The content of this article is provided for general legal awareness only and does not constitute formal legal advice. It is not a substitute for consulting a specialist lawyer to review the specific facts of your case. Facts and procedures vary from case to case; please contact AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS directly for accurate legal advice tailored to your circumstances. In case of any discrepancy, the Arabic text shall prevail.
AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS provides its services across the Emirate of Dubai, covering clemency requests for judicial and administrative deportation before the Public Prosecution, the Federal Authority for Identity and Citizenship, and the General Directorate of Residency and Foreigners Affairs.
The firm also provides legal services in Abu Dhabi, Sharjah, Ajman, Ras Al Khaimah, Fujairah, and Umm Al Quwain, covering all clemency and deportation requests before the competent authorities in each emirate.