Answer: No, they cannot.
According to Article 126 of Federal Decree-Law No. 31 of 2021:
- Deportation (إبعاد) is a mandatory sentence for a foreigner only when imprisonment is imposed for a serious crime.
- For less serious crimes, the court has discretion to impose deportation, but only if the sentence includes imprisonment.
- If only a fine is imposed, deportation cannot be applied, except in specific cases expressly provided by law (e.g., crimes against state security).
This position was confirmed by the Supreme Court in Criminal Appeal No. 2113 of 2024, where:
- The foreign defendant was convicted of intentional damage to another’s property (Article 464 of Federal Decree-Law No. 31 of 2021).
- He was sentenced to a fine of AED 5,000 and an additional penalty of deportation from the UAE.
- The defense appealed, citing a violation of Article 126 of Federal Decree-Law No. 31 of 2021.
- The Supreme Court annulled the deportation part of the judgment, ruling that when only a fine is imposed, deportation cannot be applied.
Conclusion:
- Deportation is permi...