The United Arab Emirates (UAE) Federal Supreme Court has issued an important ruling on deportation in a drug-use case, a decision that may be of interest to foreign residents, including Pakistanis living in the country.
The court cancelled a deportation order against a foreign resident but upheld a fine of 30,000 UAE dirhams.
According to media reports, the case originated in Ajman, where a lower court had found the resident guilty and imposed the fine. An appeals court later replaced the financial penalty with deportation.
The ruling may be relevant to Pakistani nationals and other foreign residents who face criminal proceedings in the UAE.
It highlights the importance of following legal procedures when courts review or change criminal sentences.
However, the decision does not give foreign residents a general exemption from deportation. Deportation rules depend on the offence, the applicable law and the circumstances of each case.
For Pakistanis living and working in the UAE, the key point is that a deportation order may be challenged through the legal system where there are valid grounds to do so.
The resident facing the case, challenged that decision before the Federal Supreme Court, arguing that the appeals court had acted outside its legal powers.
The resident’s lawyer, Abdullah bin Hatem, argued that the appeal had been filed only by the defendant.
He said the appeals court could not increase the severity of the punishment in a way that placed the defendant in a worse position.
The lower court had imposed a fine of 30,000 dirhams. However, the appeals court removed the fine and ordered deportation instead.
The defence argued that this change was legally incorrect because deportation was a more serious consequence for the resident.
After reviewing the case, the Federal Supreme Court cancelled the deportation order and restored the original fine.
The court explained that deportation may be allowed as an alternative to imprisonment in certain circumstances under the relevant law.
However, it ruled that the same legal provision did not allow a financial fine to be replaced with deportation in this case.
The court found that the appeals court had changed the punishment in a way that worsened the defendant’s legal position.
It therefore partially accepted the appeal, cancelled the deportation order and restored the 30,000-dirham fine. The resident’s other objections were rejected.
