Travel ban order does not hinder deportation of expatriate

November 29, 2022

Saudi Gazette

RIYADH — The travel ban order issued against an expatriate worker does not stand in the way of carrying out an order for his deportation, according to a new amendment in the Judicial Implementation Law.

Article 46 of the law was amended in this regard, Al-Watan newspaper reported. The amended provision of the law read as follows: “The issuance of the travel ban order, in accordance with Paragraph 1 of this article, will not hinder, the execution of the deportation decision issued by the competent authority.”

Before the amendment, Article 46 of the law stated that if an insolvent fails either to implement the order to make payment of a debt or to disclose what he has of sufficient funds to pay the debt, within a period of five days from the date of notifying the debtor of the implementation order, or from the date on which the decision is published in one of the newspapers about the default of payment, then the debtor is considered as procrastinating and then the implementation judge orders a number of measures including the travel ban. Such a scenario created a contradiction between the implementation decision and the deportation decision, as the deportation decision is suspended until the travel ban imposed on the person is lifted, which usually takes place only after the person fulfills payment of the defaulted amount.

Reacting to the amendment of the law, Abdul Karim Al-Shammari, lawyer and legal consultant, said that the article in its previous form constitutes duplicity between the rights of individuals and the preservation of public order,. “Here we find that the legislator, with his authority, gave priority to the interest of maintaining public order over other considerations,” he said while noting that there have been amendments to the law at frequent intervals.

Al-Shammari pointed out that some of the financial bonds that their owners submit to the Implementation Courts were originally fictitious, as the applicant submits a claim for large sums that are not commensurate with the financial solvency of the expatriate. Accordingly, the court’s decision to implement the order against the debtor will be issued when the applicant fulfills the conditions required in this regard, taking into account the fact that the petitioner’s claim might have resulted from a commercial cover-up involving the two parties.

November 29, 2022
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