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  • Writer's pictureAkram Cheik - Lawyer

Travel ban in Dubai

Within the UAE justice system, the travel ban, or prohibition on leaving the territory, is of paramount importance in ensuring the integrity of legal procedures and the preservation of public order.


This restrictive measure, although present in many jurisdictions, stands out for its frequent use in the United Arab Emirates, where it plays an essential role in preserving the three fundamental pillars of applicants: social security, guarantee of appearance in court and facilitating judicial investigations.


Thus, in Dubai, this ban on leaving the territory is a legal measure imposed by the judicial authorities to restrict a person's freedom of movement. This restriction aims to prevent the individual concerned from leaving the country for a specific period. Additionally, it is generally used to ensure the presence of a person involved in a legal matter.


Therefore, the travel ban can be applied in various contexts, notably during criminal investigations, civil cases or other specific legal situations.


This judicial tool is therefore a preventive measure with a coercive aspect (I) However, we propose solutions in order to be able to put an end to it (II)


I - The travel ban: a preventive and coercive measure


A – A preventive measure


The travel ban, as a key preventive measure in the UAE justice system, is crucial in preserving the integrity of investigations and ensuring social security. The preventive aspect of this measure is mainly manifested in its early application, often from the police investigation phase.


By preventing the possibility of individuals under investigation fleeing, the travel ban aims to neutralize any potential risk of evasion of justice even before the formal launch of legal procedures.

This proactive prevention serves not only to secure the appearance of individuals in court, but also to establish a framework of trust in which investigators can operate effectively. By ensuring the physical presence of relevant parties, the travel ban facilitates thorough evidence collection and ensures a solid basis for investigations, thereby strengthening the credibility and fairness of the UAE justice system.


Thus, the preventive aspect of the travel ban emerges as an essential pillar, contributing to the prevention of escapes and the preservation of justice from the first stages of legal procedures.


B – A coercive measure


The travel ban, although playing a crucial role in preventing the flight of individuals involved in legal cases, can also be seen as a coercive measure for those who suffer the consequences.

Indeed, for the person concerned, this ban on leaving the territory can represent a significant constraint, leaving the individual stranded in the United Arab Emirates for a sometimes prolonged period. It is particularly notable that, in certain cases, the simple opening of an investigation, even before any formal decision by the prosecution on prosecutions, can result in the immediate imposition of a travel ban.


This coercion can place the individual in a delicate situation, potentially impacting their travel, their professional commitments and even their personal life. Thus, this measure highlights the delicate balance between the need to ensure the presence of the parties concerned in the context of an investigation and the protection of individual rights, highlighting the importance of a balanced and thoughtful approach in application of this restrictive measure.


In certain cases, in order to mitigate the coercive impact of the travel ban on the targeted individual, it should be noted that an alternative may consist of leaving one's passport as security. This practice allows the person concerned to maintain a certain mobility within the country, while guaranteeing the judicial authorities the possibility of restricting their travel abroad.


While this measure may offer an interim solution, it also highlights the complexities of balancing the need to ensure individuals' presence during an investigation and the protection of their individual rights. The use of the passport as security introduces an additional dimension to the travel ban dynamic, demonstrating the search for a pragmatic solution that takes into account the specific circumstances of each case while preserving the fundamental rights of those involved in the Emirati judicial process.


II – Travel ban management in the United Arab Emirates


A - Require a Travel Ban: Procedure via our office


The requirement for a travel ban can be imperative in the context of a legal matter in the United Arab Emirates, especially when it comes to ensuring the presence of the parties involved. As a law firm, the crucial first step is to assess the necessity of this measure based on the specific circumstances of the case.


Our competent legal team can initiate the procedure by submitting a formal request to the relevant authorities, detailing the reasons for the travel restriction. Meticulous preparation of this request is essential, as it requires a solid justification and a thorough understanding of the ins and outs of the case.


By acting as an intermediary between the client and the authorities, our firm is committed to following a rigorous procedure to ensure that the travel ban is imposed in accordance with the law and the interests of justice.

 

B - Lifting a Travel Ban: Consultation with our Firm


On the other hand, if you are already subject to a travel ban, our law firm offers specialized services to explore the possibility of lifting this restriction.


We understand that the circumstances surrounding a travel ban may evolve, and therefore, we are equipped to re-evaluate the need to maintain this measure. By working with our experienced team, we can take the necessary steps to present a strong case for lifting the travel ban.


Whether by demonstrating a change in the situation, the presentation of financial guarantees, or by asserting fundamental rights, our firm is committed to defending the interests of our clients with integrity and professionalism.


By leveraging our expertise, you benefit from a dedicated partnership to navigate legal complexities and seek an optimal resolution for your situation.


Akram Cheik, Lawyer




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