An Arab resident avoids "deportation" despite a final ruling

Lawyer Badr Abdullah Khamis

The Dubai Criminal Court annulled a ruling to deport an Arab resident from the country, after he was convicted and fined, and a final ruling was issued to deport him nearly twenty months ago during the height of the Corona pandemic, applying the rule

of “the best law for the accused” after the issuance of the new legislation No. 30 of 2021 regarding combating narcotics and psychotropic substances. .

In detail, the circumstances of the Corona pandemic prevented the implementation of a ruling to expel an Arab resident convicted of drug abuse from the state, and at the time when he was preparing to implement the ruling, the new Law No. in which deportation was mandatory.

The first case began, according to the court's certainty, when information was received by the General Administration of Narcotics Control about the accused's use of narcotic drugs and psychotropic substances and his possession of a quantity of them, so permission was obtained from the Public Prosecution to seize him and search his home and car.

The lawsuit papers stated that a team from the anti-combat team moved to his location, and by searching it, nothing was found with him, so a sample was taken from him, and by examining it, it was found that it contained a narcotic substance.

By asking him, he denied the accusation against him, but the court was reassured by what was proven of the arrest incident, and the report of the forensic laboratory, and decided to fine him 10 thousand dirhams and deport him from the state.

For his part, the accused appealed the verdict before the Court of Appeal, which amended the ruling of the first degree, and fined the accused 5,000 dirhams, but it upheld the deportation ruling to be final and final, on September 27, 2020.

In light of the issuance of new legislation regarding anti-drug crimes, lawyer Badr submitted Abdullah Khamis, the legal representative of the accused, requested a reconsideration of the deportation measure, and the application of the new legislation in accordance with the rule of law that is best for the accused, as it abolished the obligation of deportation, especially in light of the fact that the accused did not leave the country.

Khamis stated in the defense memorandum that the accused's record is completely devoid of any criminal record, indicating that he is a young man in his prime who left his homeland to improve his and his family's future, and is working in a stable job, and his condition does not represent any danger to society in view of his past and behavior.

He stressed that the accused's situation has been stable in the country for years, and his deportation poses a threat to his future, calling for the family's humanitarian aspect to be taken into account in light of new legislation that takes into account these important human dimensions.

For its part, after examining the case, the court confirmed in the merits of its ruling that the rule of law that is best suited to the accused, which creates for him a situation that is more suitable for him, applies to this case, pointing out that Article 75 of the new Law No. 30 of 2021 stipulates that deporting the accused in one of the abuse crimes is permissible. to the court, after it was obligatory when the final judgment was issued against the accused.

She indicated that the accused - the petitioner - submitted a statement stating that he is still residing in the country and has a known source of livelihood, and then his request was based on a factual basis, and the court decided to cancel the deportation measure.

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