By Jouslin Khairallah, Founder & Managing Director, Head of Litigation, and Dr. Mahmoud Fahmy, Partner & Senior Lawyer.
A family member was stopped at the airport — what do we establish first?
The first step is to identify the reason for the travel restriction. Is it related to a criminal case, a civil or financial dispute, a family-law matter, or an immigration or overstay issue? The authority responsible for the restriction and the procedure for lifting it will depend on the nature of the matter.
Is a travel ban the same as an arrest?
No. A person may be prevented from travelling without being arrested, or may be arrested on a warrant or pending complaint. It is important to find out which applies, and under whose authority.
What information do we need?
The emirate, the police station or prosecution handling the matter and, if possible, the case or complaint number. This information is essential to identify the file and determine the appropriate next steps.
How long can someone be held?
Under the Criminal Procedure Law (Federal Decree-Law No. 38 of 2022), a person taken into police custody must be referred to the Public Prosecution within the period the law prescribes, which is commonly understood to be 48 hours. The Public Prosecution then determines whether the person is to be released, released on bail or remanded in custody. Given the limited time involved, legal advice should be sought at the earliest opportunity.
Does release lift the travel ban, and can the embassy help?
Release or bail does not of itself remove a travel ban. Where the ban arises from a financial claim, it will usually be lifted only once the debt has been settled or secured, or with the creditor’s consent, through the execution court or the relevant authority. A consulate or embassy can provide consular assistance, but it cannot intervene in or halt the judicial process.
If a family member is stopped or detained at a UAE airport, our Litigation & Criminal Defence team can give urgent, confidential guidance. Contact us: info@khlegal.ae · +971 4 427 0845 · WhatsApp +971 55 561 4957.
Related reading
- Travel Ban in the UAE: How to Check and Lift It
- Debt Travel Ban in the UAE
- Best Criminal Lawyer in Dubai: How to Choose