New Thai Deportation Regulation Takes Effect Aug 28

The Thai government is stepping up measures to monitor and manage foreign nationals violating local laws as the Prime Minister has signed a new Prime Minister's Office regulation regarding deportation. Designed to make the enforcement of immigration and criminal laws faster and more efficient, the new regulatory framework is scheduled to officially take effect on August 28, the day following its publication in the Royal Gazette.

The primary objective behind introducing this regulation is to safeguard public order, good morals, and societal security in Thailand. Authorities have observed instances where foreign nationals, including both legally admitted individuals and illegal entrants, engage in unlawful activities for personal gain. Under the new rules, the Permanent Secretary of the Ministry of Interior or designated officials are authorized to report and propose deportation orders to the Minister of Interior against foreign individuals whose behavior disrupts public order, as well as those who support such activities.

Primary targets under this strict regulatory framework include foreign nationals who have been convicted by final judgments and released from prison, whom the Minister of Interior holds the direct authority to deport immediately. The criteria also encompass several major offenses: entering or staying in the kingdom unlawfully under immigration laws, working illegally without proper work management permits, engaging in unauthorized business operations under foreign business laws, forging or using fake official documents, committing offenses carrying prison sentences of five years or more, and acting as masterminds, accomplices, or supporters in any of these specified violations.

Stock photo for illustration only, not from the actual event

Regarding operational procedures, the regulation mandates that the Director-General of the Department of Corrections must transmit the names, nationalities, and case files of targeted foreign inmates to the Permanent Secretary of the Ministry of Interior at least 15 days prior to their release from prison. This allows officials to issue prompt deportation orders without unnecessary delays. These orders may also include a formal entry ban period preventing individuals from returning to the kingdom. For cases where courts issue suspended sentences or fines, the Office of the Judiciary is required to notify the interior ministry immediately for prompt action.

Nevertheless, all deportation procedures strictly adhere to human rights principles and international obligations, aligning with relevant laws and Cabinet resolutions. Law enforcement officers are instructed to repatriate offenders to their countries of nationality or, in cases of stateless individuals, to the country they declared residing in before entering Thailand. Important exceptions apply if another country or international organization formally requests via diplomatic channels within seven days of the deportation order to transfer the individual for safety reasons, protecting them from torture, cruel, inhuman, or degrading treatment, or enforced disappearance. The requesting country must cover all expenses and secure written consent from the deportee. Such transfers must be completed within 30 days, extendable by the minister for up to two additional 30-day periods, after which standard repatriation procedures apply.

Source: Matichon Politics