Deportation in UAE drug cases now up to judges, not automatic

Dubai: Deportation is no longer automatic in drug use cases in the UAE after a change in federal law shifted the decision from mandatory to discretionary, a legal expert confirmed, according to Al Khaleej newspaper.

Previously, courts across the Emirates were required to order the deportation of anyone convicted of consuming narcotics or psychotropic substances, regardless of their circumstances.

That changed with Federal Law by Decree No. (30) of 2021 on Combating Narcotics and Psychotropic Substances, which introduced provisions giving judges greater flexibility.

Legal consultant Alaa Nasr explained that courts can now assess whether deportation serves the interests of both the defendant and society.

“If a defendant is settled in the country, holds stable employment and a legitimate income, has no prior criminal record, and poses no threat to public security, the court may decide against deportation and instead restrict the punishment to the primary penalty,” he said.

The law also applies the principle of lex mitior—the “more lenient law for the accused”—allowing courts to prioritise rehabilitation and social stability in cases where deportation might disrupt family life or employment without enhancing security.

However, Nasr cautioned that the reforms do not completely remove the risk of removal. A key amendment grants the Public Prosecution the power to impose administrative deportation even if the trial court decides otherwise. This can only be exercised once a judgment is final and must be carried out within three months of sentencing.

“This means deportation, while no longer compulsory, remains a strong option for both the judiciary and prosecution,” Nasr said. “Defendants should not assume that staying in the country is guaranteed after conviction.”

He stressed the importance of awareness: “Residents must understand that involvement in such cases can still bring life-changing consequences, including permanent separation from family and loss of livelihood.”