Awatif Mohammad Shoqi Advocates & Legal Consultancy | View firm profile
In the UAE, non-citizens constitute approximately 70% of the country’s population. This is made up of residents and tourists present in the country.People arriving in the UAE for the purpose of tourism, enter on a tourist Visa, or a temporary visa. Even so, the tourists in the UAE are liable to access all the amenities available to its citizens, and only lack certain rights like the right to work.
People on tourism visa are equally liable to contractual obligations and penalties similar to residents of the country. If a tourist is found to have defaulted in payment of dues owed to another person or entity, or has outright refused to pay for services used by him, he will be liable to discharge such dues or payments, or else be made to face the consequences.
Under Part 5, Article 319 to Article 327 of the Civil Procedure Code (“Code”) of UAE explains the laws regarding detention of a debtor and how he can be banned from travelling out of the country.
TRAVEL BAN UNDER CIVIL PROCEDURE CODE
As per Article 324 of the Code, a creditor may request a competent judge to issue an immediate order, prior to the disposal of the suit, to ban a debtor from travelling abroad, if the following conditions are met:
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- If the debtor is at flight risk
- If the debt is AED10,000 or more.
- The debt should be of a definitive amount
- If the debt is not of a definite amount, then the Judge may evaluate the debt using written evidence and the creditor’s guarantee to cover damages
REMOVAL OF TRAVEL BAN
Travel ban in such cases are automatically removed if the debtor discharges his debt, or if the creditor revokes legal proceedings.
TRAVEL BAN UNDER CRIMINAL LAW
If the creditor makes a criminal complaint against the debtor regarding non-payment of dues in the form of a complaint of theft, fraud or breach of trust, and the debtor is then charged by the authorities, an automatic travel ban will be imposed on the debtor. Travel Ban in such cases will be lifted only after the acquittal of the debtor.
HOW TO CHECK THE STATUS OF A TRAVEL BAN
If a person suspects that a travel ban may be imposed on him/her in Dubai, they may check the status of the ban in the following link: https://www.dubaipolice.gov.ae/wps/portal/home/services/individualservices/financialcircularpayment?firstView=true
Similarly, to check if someone has a travel ban on them in Abu Dhabi, they may check the status of the ban here:
https://www.adjd.gov.ae/sites/eServices/EN/Pages/Estafser.aspx
One may also enquire about the status of cases filed against them by visiting the official page of UAE’s Public Prosecution, using the link below:
https://www.pp.gov.ae/webcenter/portal/PublicProsecutionPortal/pages_generalenquiry/casesinquiry
Author: Dr. Hassan Elhais