Judicial Deportation of Foreign Nationals in Light of the Amendments to the UAE Law on Combating Narcotic Drugs and Psychotropic Substances

Judicial deportation of a foreign national who commits a criminal offence is regarded as one of the most significant measures of social protection adopted by states to safeguard society from non-citizens who pose a threat to public security, social stability, and the safety of the community. Such individuals are often considered to have criminal tendencies that justify their removal from the country.

Accordingly, the UAE legislator has made it mandatory for courts to order the deportation of any foreign national convicted of a felony, while granting courts discretionary authority to deport a foreign national convicted of a misdemeanor, unless, at the time of committing the offence, the individual was married to a UAE national or was a first-degree blood relative of a UAE national. This is in accordance with Article (126) of the UAE Federal Crimes and Penalties Law of 2021.

Given the serious nature of narcotic drug offences and the risks posed by their perpetrators to society, the UAE legislator had consistently required the deportation of foreign nationals convicted of such crimes. However, an important amendment was introduced to Article (75) of Federal Decree-Law No. (30) of 2021 on Combating Narcotic Drugs and Psychotropic Substances through Federal Decree-Law No. (14) of 2025, which came into force at the beginning of January 2026.[1]

Following the latest amendment, Article (75) now provides as follows:

1. The court shall order the deportation of any foreign national convicted of any offence stipulated under this Decree-Law.

2. The deportation measure provided for in Paragraph (1) of this Article shall not apply in the following cases:

A. Where, at the time the offence was committed, the convicted person was the spouse of a UAE national or a first-degree blood relative of a UAE national.

B. Where the convicted person is a member of a family residing in the UAE, and the court determines that deportation would result in serious harm to the stability of the family or deprive one of its members of the necessary care or financial support, provided that the court is satisfied that the family possesses the financial means to provide the required medical treatment for the convicted person.

For the purposes of this Article, the term “family” includes grandparents, parents, children, brothers, and sisters.

[1] It should be noted that Article (75) had previously been amended by Federal Decree-Law No. (53) of 2023.

It should be noted that Paragraph (A) merely reiterates the rule already established under Article (126) of the Federal Crimes and Penalties Law of 2021.

Paragraph (B), however, introduces a significant humanitarian exception by requiring the following three cumulative conditions before exempting a convicted foreign national from judicial deportation:

• The convicted person must be a member of a family residing in the UAE.
• The court must be satisfied that deportation would cause serious harm to the family’s stability or deprive one of its members of the necessary care or financial support.
• The court must be satisfied that the family has sufficient financial capacity to provide the convicted person with the required medical treatment.

These three conditions must all be fulfilled cumulatively for the convicted person to qualify for the exception to deportation.

In our view, this exception introduced by the latest amendment to Article (75) clearly demonstrates that the UAE legislator has given precedence to family unity and humanitarian considerations over competing interests. The amendment reflects a deliberate legislative policy aimed at preserving family stability, ensuring the well-being of family members, and preventing them from being deprived of essential care or financial support due to the deportation of a family member.

This approach further illustrates that, in enacting legislation, the UAE legislator consistently places the welfare, dignity, and humanitarian interests of individuals at the forefront, reaffirming the State’s commitment to balancing criminal justice with compassion and social responsibility.

Dr. Ghassan Salim Arnous
Legal Consultant
Zayed Al Shamsi Advocates & Legal Consultants