CALLS TO DEPORT INFECTED EXPATS FACE LEGAL BARRIERS
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KUWAIT CITY, April 8: Regarding the calls made by some people to deport confirmed cases of COVID- 19 among expatriates, which could lead to victims concealing their illness, parliamentary sources highlighted the constitutional and legal barriers that prevent the deportation of expatriates infected with coronavirus to continue their treatment in their country.
In this regard, an official source from Ministry of Health asserted that the ministry would not recommend this procedure because the disease differs from AIDS and tuberculosis (pulmonary tuberculosis), which have been a major reason for deporting expatriates or preventing them from securing work permits in Kuwait.
The parliamentary sources said, “The deportation of expatriates immediately after discovering they are infected with coronavirus collides with the constitutional and legal texts that make this approach non-negotiable. Also, considering the humanitarian aspect of the matter, it will be difficult to take such a measure which is unheard-of anywhere in the world.”
They went on to say, “In the context of seeking to limit gatherings, which is a major reason behind the high number of transmission cases, a number of MPs studied the possibility of making a proposal that will allow deporting expatriates infected with coronavirus in order to reduce pressure on the health system of the country, and serve as a deterrent to reduce the gatherings and stepping outside their homes unless under extreme necessity.”
Regarding this matter, the constitutional expert Dr Muhammad Al-Faili indicated that coming up with parliamentary proposals over such issues is not justified, given that the matter is already covered by the existing laws. In response to the question about the inclination to adopt proposals based on desire or law to deport expatriates who are proven to be infected with COVID-19, he said, “Such proposals are a repetition of existing legal texts due to which they are not justified, because we are in the process of duplicating legislation.”
Dr Al-Faili affirmed that the current residency law allows Minister of Interior to deport an expatriate administratively if found that such an action is in the public interest. He explained, “There is a problem with this text in the laws governing residency in the country. It contradicts the Constitution due to lack of the possibility for filing an administrative appeal against it. If this part is left out at the moment, duplication of the proposals is not advisable.”
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