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Review of Travel Ban and Its Legal Grounds

Dear readers, please note that the materials provided are prepared solely for informational purposes and are in no way a substitute for professional legal advice from a licensed attorney. Any legal decision or action taken without consulting a lawyer is the sole responsibility of the user, and the publisher assumes no responsibility or liability in this regard.

Review of Travel Ban and Its Legal Grounds

A travel ban is a legal status that prohibits individuals from leaving a specific geographical area. This area is generally the territory of a country. In practice, a travel ban applies to individuals who, for certain legal or administrative reasons, are not permitted to cross the borders of a particular country. In most cases, individuals become aware of the travel ban only when they attempt to leave the country.

 

Duration of a Travel Ban and the Possibility of Extension

Who Is Subject to a Travel Ban

  • Bank Debtors: Under the Legal Bill on the Exit of Bank Debtors enacted in 1980, individuals with significant banking debts are prohibited from leaving the country. Such prohibitions are imposed by judicial orders, and depending on the applicable laws and circumstances, these individuals are not permitted to exit the country.
  • Individuals with a Bad Reputation: Persons with a bad reputation for various reasons may be subject to a travel ban while residing in the country. If such individuals are outside the country, they may be returned and subsequently prohibited from leaving again.
  • Requirement for Exit Permission: Certain individuals require the consent of others, such as a father or a spouse, to leave the country. Without such consent, departure from the country is not permitted by law.
  • Contrary to National Interest: Individuals whose departure is deemed contrary to the national interest are prohibited from leaving the country. This type of travel ban is generally imposed pursuant to law and at the discretion of judicial authorities. Decisions are issued in writing by the competent judicial bodies.

 

Grounds for Imposing a Travel Ban

Based on the categories outlined above, it can be concluded that a travel ban is imposed on individuals whose departure from the country may cause legal, economic, or social harm. In many cases, travel bans are lifted after a specific period. In general, lifting a travel ban is possible once the underlying cause for its issuance has been resolved.

 

Validity Period of a Travel Ban

The duration of a travel ban is limited. Judicial orders issued for this purpose are valid for 6 months, and courts may extend them if necessary.

It should be noted that individuals may object to the travel ban order within twenty days from the date of issuance. During this period, the objection may be submitted for reconsideration.

If the competent authorities determine that there is no longer any legal impediment to departure, the necessary steps to lift the travel ban must be taken without delay.

 

Authorities and Institutions Authorized to Impose a Travel Ban

Various authorities are empowered to impose travel bans as preventive measures to control the exit of persons from a country. The number and scope of these authorities may vary by jurisdiction. The principal institutions involved are set forth below.

 

Public Prosecutor’s Office

The Public Prosecutor’s Office is the most important authority in matters related to travel bans. After reviewing the charges against an individual, if there is a risk that the person may flee the country and evade judicial oversight due to the seriousness of the alleged offense, the Prosecutor’s Office may promptly request that the Office of the Prosecutor General impose a travel ban.

 

Civil Courts

Civil courts are also authorized to impose travel bans, but only at the enforcement stage of judgments. For example, a debtor who has failed to fulfill financial obligations may be prohibited from leaving the country upon a creditor’s request to ensure compliance with legal commitments.

 

Registration Office

The Registration Office may impose a travel ban on debtors based on an official registered document and upon the request of the entitled party. However, this authority does not extend to debts not evidenced by official documentation.

 

Central Bank

The Central Bank is authorized to impose travel bans on banking debtors. By reviewing the outstanding debt, the bank determines whether the level of indebtedness warrants imposing a travel ban.

 

Tax Authority

Individuals with significant tax debts may attempt to leave the country, thereby causing public or economic harm. For this reason, the Tax Authority may issue a travel ban order upon review of the amount of unpaid taxes.

 

Lifting a Travel Ban

Regardless of the reason or the authority that imposed the travel ban, the removal of the restriction must be pursued through the same institution. For example, debtors must either fully settle their outstanding obligations and obtain approval from the relevant authority or secure the creditor’s consent.

 

Frequently Asked Questions Regarding Travel Bans and Their Grounds

What is a travel ban, and when is it imposed?

A travel ban is a legal restriction issued by judicial or administrative authorities that prevents an individual from leaving the country. Such orders are issued when departure may be harmful for reasons including outstanding debts, judicial matters, or public interest considerations.

What is the validity period of a travel ban order?

A travel ban order is valid for six months and may be extended by the court if necessary. Individuals may also file an objection within twenty days from the date of issuance.

Who may be subject to a travel ban?

Bank debtors, individuals with a bad reputation, persons who require the consent of a legal guardian or spouse to travel, and those whose departure is deemed contrary to public interest may be subject to a travel ban.

Which authorities may issue a travel ban order?

The Public Prosecutor’s Office, civil courts, the Registration Office, the Central Bank, and the Tax Authority are among the institutions legally authorized to impose travel bans.

How can a travel ban be lifted?

A travel ban must be lifted by the same authority that issued it. In most cases, settlement of debts, obtaining creditor consent, or submitting the required legal documentation will result in the removal of the restriction.

Is it possible to object to a travel ban order?

Yes. Individuals may submit an objection to the competent court within twenty days from the date of issuance in order for the decision to be reviewed again.

Dear readers, please note that the materials provided are prepared solely for informational purposes and are in no way a substitute for professional legal advice from a licensed attorney. Any legal decision or action taken without consulting a lawyer is the sole responsibility of the user, and the publisher assumes no responsibility or liability in this regard.

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