Haris & Associates Phuket Thailand Legal Blog

Thailand welcomes foreigners into its midst, however it additionally reserves the right to deport a person back to their home country as long as there is enough legal grounds for the government to achieve this. the kingdom’s authority to deport a foreigner is governed by means of the Deportation Act B.E. 2499 of 1957, which changed into published on July 7, 1964 in the Royal Thai government Gazette.

what is Deportation?
Deportation is the act of seizing a foreigner and sending her or him back to their home country or any other country depending on the occasions. Grounds for deportation consist of the subsequent:

The alien has engaged in behavior that is deemed a threat to country wide security, like touring to Thailand with the only reason of conducting protests against the government or organizing such sports with other locals.
The foreigner is identified as an internationally fugitive or an man or woman who’s on the run from the law.
The foreigner has insufficient documentation or authorization for visiting to Thailand. that is the case while unlawful immigrants are deported in a foreign country.
Overstaying the provisions of one’s visa can also lead to deportation. for instance, if someone is only maintaining a traveler visa and comes to a decision to overstay with out making the vital appearance earlier than the government, then she or he is liable to be deported while the overstaying is reported to the government officers.
Who offers the Deportation Order?
The Ministry of the interior holds the authority to give a deportation order against an errant foreigner. The Minister, of course, is also empowered to withdraw the deportation order towards an person or a group of foreigners if they may be capable of show in the circumstances that the grounds in opposition to them for deportation keep no benefit. this will do by way of submitting the right appeals to the Ministry of the indoors during the research period.

Is Deportation instant?
No, however the government will need to conduct an research to determine whether there are certainly grounds for deporting the foreigner. The investigation period is typically carried out inside 7 days after a foreigner is arrested by way of the authorities. If the investigation takes longer than 7 days, a foreigner can either be briefly freed unless a court approves the prolonged detention.

are you able to try to go back to Thailand After Deportation?
It’s tempting to try and go again to Thailand after a particular time frame, however in case you return earlier than the deportation order expires, then the Thai authorities has grounds to imprison you for at maximum one year. you may additionally be deported once more from Thailand in this case, usually in the equal terms as the original deportation order.

can you Differentiate Deportation from Blacklisting?
In a nutshell, deportation is extra or less temporary due to the fact its effective period is shorter than blacklisting. you can go returned to Thailand after the deportation order expires or is withdrawn. but, blacklisting means that you are prohibited from going again to Thailand for a totally long term. Blacklists have an expiry period however they may be longer than any man or woman’s lifetime so, if you are blacklisted, you efficiently cannot visit Thailand once more.