آثــار قــــرار الإبـعـــاد على عائـلـة الأجـنـبــي ( دراســة مــقــارنــة )

Rp-The effects of the deportation decision on the foreigner's family "A Comparative Study".pdf

Abstract
One of the most basic rights granted to a foreigner in the country of residence is the family right, which is represented by the right for the family to gather together to live, and this is one of the natures of things and an innate instinct of creatures, and that the right of family gathering has been guaranteed by international covenants, covenants, treaties, and international organizations that are concerned with regulating human rights, such as the Convention International Conference on Civil and Political Rights of 1966, and the Universal Declaration of Human Rights of 1948.
However, the right of the family foreigner may sometimes be affected by the deportation decision issued against the foreign head of the family, in that the deportation includes foreign family members such as a wife and minors, without verifying the reason for the deportation, or if the deportation was decided by a judicial ruling, as a result of the principle of (personal punishment) it does not include The foreign family is subject to judicial deportation, but it is possible to provide another reason for their deportation.
Failure to observe the right of a foreigner’s family gathering may expose the state to international responsibility, if the state to which the foreigner belongs intervened to protect him diplomatically, or if the state is considered a breach of its international obligations resulting from its entry into international treaties dealing with human rights.
Therefore, the last amendment to the UAE Penal Code for the year 2019 came to establish consideration and weight for the presence of a family with a foreigner when issuing a deportation decision, by considering the presence of a foreign family as a barrier to issuing a deportation decision, and this was approved by the European Convention on Human Rights in Article (8) thereof and adopted by the European Court in some cases. her decisions.