UAE Federal Supreme Court Cancels Deportation of UAE-Born Resident While Upholding AED 30,000 Fine

The United Arab Emirates Federal Supreme Court has issued an important ruling in a case involving a foreign resident who was born in the country and later challenged an appellate judgment ordering his deportation.

The man had previously been convicted of offences involving the consumption of psychotropic substances and other harmful materials. After reviewing his appeal, the Supreme Court cancelled the deportation measure while maintaining the financial penalty originally imposed against him. The decision highlights important legal distinctions between criminal penalties and deportation measures under UAE law.

According to a report published by Emarat Al Youm on October 10, 2026, the case began when prosecutors in Ajman charged the defendant with the unlawful consumption of methamphetamine and pregabalin for a second time, together with the consumption of tropicamide, a substance capable of affecting the brain and central nervous system. The prosecution referred him for trial under the federal legislation governing narcotic drugs and psychotropic substances. The Ajman Federal Court of First Instance subsequently convicted him and imposed a fine of AED 30,000 in connection with the related offences.

The defendant appealed the initial judgment and sought to have the conviction overturned. However, the Ajman Federal Court of Appeal replaced the financial penalty with a deportation order requiring him to leave the UAE. He then challenged that decision before the Federal Supreme Court, explaining that he had been born in the country and lived there with his family. He argued that deportation would cause serious disruption to his family’s stability and that he was the only party to have appealed the original judgment, as the prosecution had not appealed against it.

During the Supreme Court proceedings, the defendant also challenged aspects of the evidence and investigative procedures. Among his arguments were concerns about the handling of laboratory samples and his possession of a medical prescription for one of the substances involved in the case. The court rejected these arguments, finding that the conviction was supported by sufficient evidence. It noted that a prescription for one substance did not establish lawful authorization for the other substances identified in the proceedings. Consequently, the Supreme Court did not overturn the underlying conviction or declare the defendant innocent.

The decisive issue concerned whether the appellate court had correctly applied the law when replacing a fine with deportation. The Federal Supreme Court explained that Article 126 of the UAE Crimes and Penalties Law permits deportation to replace a custodial sentence in specified misdemeanor cases. However, this legal provision does not permit a court to replace a financial fine with a deportation measure. The court also examined the relevant legislation concerning deportation in drug-related cases, including statutory exceptions that may apply in specific circumstances involving family relationships and serious harm to family stability.

The Supreme Court therefore partially overturned the appellate judgment and corrected it by cancelling the deportation order. It upheld the original AED 30,000 fine and rejected the remaining grounds of appeal. The ruling illustrates the importance of applying the correct legal provisions when determining criminal penalties and additional measures affecting foreign residents. It does not establish a general exemption from deportation for everyone born in the UAE, nor does it mean that foreign residents convicted of criminal offences are automatically protected from removal. Each case remains subject to its individual circumstances and the applicable statutory requirements.

Source: Emarat Al Youm Newspaper.