DESK REVIEW ON POPULATIONS AT RISK OF STATELESSNESS
DNA sample is sent to the UAE embassy, and then submitted to the concerned Department in
the UAE. The government of the UAE then orders that a DNA sample be taken from the child,
and after a match is made, only then can the child be processed for repatriation. Based on an
interview with DSWD staff, it was noted that the office had been able to repatriate about seven
totally abandoned children through this process during her deployment.
In terms of how such children are identified, it was shared that some walk into the Embassy’s
offices, and others are referred by agencies or community members. Ages vary, but some
are already teenagers, including an 18-year-old who has never been to school, and that
there are some who are now adults and remain in such circumstances.
Based on the number already identified, the age range, and considering the challenges in
identifying children in such circumstances, it is possible that the number is much higher in
reality than the number that the office is currently aware of. It was shared that,
“Our Ambassador has a plan to begin with data gathering, and she has initiated
a committee to undertake a rapid survey to determine how many undocumented
children there are, and she will use the data to negotiate with the UAE authorities.”182
This appears to be a very positive strategy, and one which is recommended to receive support.
B.5.d. Immigration
Federal Law No (13) of 1996 Concerning “Aliens Entry and Residence,” amends provisions of
Federal Law No (6) of 1973 relating to immigration and residence.183 Article 31 provides that anyone
who enters the UAE illegally shall be imprisoned for a period of “not less than one month” and/or
pay a fine of “not less than 1,000 Dirham,” followed by deportation ordered by the court. Similarly,
Article 35, states that any person who violates the provisions of this law or related regulations shall
be punished with imprisonment for a period not less than one month and a fine of no less than
1,000 Dirham.
The law prescribes detention in certain circumstances, including to execute a deportation or as
punishment for violating immigration provisions. Aliens can be detained for up to three months
for failing to maintain a valid residence permit; failing to leave the country after cancellation or
182
Excerpt from interviews with Social Welfare Attachés and the Department of Social Welfare and Development on 17 June 2020.
United Arab Emirates: Federal Law No. 13 for 1996 Concerning Aliens Entry and Residence, Amending Some Provisions of the
Federal Law No. 6 for 1973 Relating to Immigration and Residence [United Arab Emirates], 30 September 1996, available at:
https://www.refworld.org/docid/3fba168c4.html.
183
58
UNHCR / April 2021