Expulsion Legitimacy from the Perspective of International and Emirati Law

Abstract

Abstract Every country has the right to restrict the entry, stay, and deportation of aliens in accordance with international law. However, although States have the right to expel aliens, the expulsion mechanism is subject to domestic and international norms. In the United Arab Emirates, legislation has been enacted to deal with the significant number of aliens residing in or visiting the country. This study clarifies the legality of expulsion and the safeguards stipulated in international and UAE federal law for this procedure, by reviewing the rulings of international and Emirati courts. It concludes that, although international law allows States to regulate foreign affairs in their territory, the mechanism for implementing expulsion and deportation remain subject to legal and judicial guarantees. The paper recommends that deportation decisions be made with caution. It clarifies the weaknesses of the international instruments pertaining to such decisions, and also commends the UAE’s experience in this field.