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A Law Has Changed, But Not for Everyone
The UAE has recently taken a more flexible approach to first-time drug offences in the UAE.
Where the law previously imposed strict prison sentences followed by deportation, the current framework allows for more balanced outcomes, including fines or reduced penalties, and in some cases, no deportation at all.
For individuals currently facing charges, or those whose cases were ongoing at the time of the change, this shift has made a significant difference.
But there is one group that remains in a difficult position. Those who were already deported under the old law.
The Problem: No Clear Way Back
For many of these individuals, the question is simple:
If the law has changed, can I return?
In theory, it seems fair that they should be able to benefit from the new approach. In practice, however, there is no clear or straightforward process.
What Happens When You Try to Apply?
Recent experience shows that applications to remove deportation orders can become complex.
In some cases:
- applications are submitted to the courts
- they are redirected to the Public Prosecution
- then referred back again or moved to other authorities
Eventually, some cases are reviewed by specialised committees that consider deportation matters, but this can take months, or even longer.
The issue is not that there is no authority to review these cases, the issue is that there is no clearly defined process to do so,
Why This Is Happening
The law has changed, but the system has not fully adapted yet.
This creates what can be described as a legal grey area, where:
- the new rules exist
- but the pathway to apply them to past cases is unclear
Deportation, unlike a prison sentence, is treated as an administrative decision. This means it does not automatically get reviewed when criminal laws become more lenient.
Who Is Affected?
Many of the individuals impacted are not strangers to the UAE.
They may have:
- lived in the UAE for many years
- studied or worked here
- had long-term residency visas
- family members still living in the country
- property or business interests
For them, deportation is not just a legal outcome, it is a disruption to their lives.
Is There Any Hope?
While there is no simple process, there are signs that applications can eventually move forward.
In some cases, after multiple submissions and follow-ups, authorities may request:
- proof of prior residency
- evidence of ties to the UAE
- supporting documentation to justify reconsideration
This suggests that review is possible, but it is not yet streamlined
The Key Takeaway
The UAE’s legal direction is clear: a more balanced and modern approach to first-time drug offences. However, for those already deported, the system is still catching up.
Until a clearer process is established, applications will likely remain:
- case-by-case
- time-consuming
- procedurally complex
How Al Kabban & Associates Can Assist
Al Kabban & Associates advises clients on criminal law matters, deportation issues, and re-entry applications in the UAE. Our experience includes handling cases involving the review of deportation decisions and navigating the procedural pathways involved.
Conclusion
Legal reform often brings clarity for the future.
But for those affected by the past, the situation can be more complex.
For now, the challenge is not understanding the new law, but finding a reasonable way to apply it.
For more information or to schedule a consultation, contact us at +971 4 453 9090 or visit www.alkabban.com. You can also follow us on social media for more updates on everything law related in the UAE: @Alkabban_Law
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