UAE court abolishes deportation order against Dubai-based drug user
Appeals Court upholds Dh5,000 fine, but allows man to remain in UAE based on new law
Dubai: A Dubai-based man, who was about to be deported from the UAE for consuming drugs, has had his deportation order abolished by the court on the basis of a recent amendment to UAE’s anti-narcotics law.
The man, arrested by Dubai Police for consuming illegal drugs, was found guilty by a court and handed a Dh10,000 fine, to be followed by deportation. The man was convicted during the movement restrictions that were in place in view of the COVID-19 pandemic and could not be deported.
‘Using the more favourable law’
In September 2020, his lawyer appealed the verdict and the Appeals Court reduced the fine to Dh5,000, but retained the deportation order.
Lawyer Bader Khamis from World Centre Advocates and Legal Consultant then appealed that decision too and pleaded with the judges to implement Article 75 of the new UAE Decree No 30 of 2021 on narcotic and psychotropic substances, which came into effect on January 2 this year.
“I asked the court to use the law for the accused,” Khamis told Gulf News.
The new amendment says that deportation is not mandatory in cases of personal use or possession of drugs and the amendment leaves it up to the judge to decide if someone convicted in a narcotics case can be allowed to stay on in the UAE.
“The suspect has no prior criminal record, he is a young man with a job. He doesn’t present any criminal danger, which is a must in deportation orders,” explained Khamis.
The Appeals Court then upheld the Dh5,000 fine, but cancelled the deportation order.
‘Deportation would have destroyed future’
“The new amendment focuses on the humanitarian sides. The defendant has a stable job and is a resident of the UAE for many years. Deportation would have destroyed his future,” added Khamis.
According to official records, the judges expunged the deportation order in view of the fact that the suspect was a UAE resident with a decent job and had never been convicted in any drug-related case previously.
Details of the case
Dubai Police had received information about the suspect possessing drugs. He was arrested and a laboratory test revealed that he had consumed an illegal substance. The suspect admitted to the charges during interrogation and was charged with using illegal drugs.