By Jouslin Khairallah & Dr. Mahmoud Fahmy — Litigation & Criminal Defence, KH Legal.
A relative lands, and the passport does not clear. Minutes matter, and panic helps no one. Here are the first things a family should establish — calmly and in the right order.
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 — whether it relates 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.
A family member stopped or detained at a UAE airport?
Our Litigation & Criminal Defence team can give urgent, confidential guidance and act quickly on your behalf. info@khlegal.ae · +971 4 427 0845 · WhatsApp +971 55 561 4957.
Sources & further reading
- Criminal Procedure Law — Federal Decree-Law No. 38 of 2022
Primary legislation is published on the UAE Legislation portal: uaelegislation.gov.ae. This article is general information, not legal advice.