BANGKOK — Foreign nationals who violate Thai laws or engage in conduct deemed harmful to public order could face deportation under new regulations that came into force in Thailand on Thursday.
The Prime Minister’s Office Regulation on Deportation B.E. 2569 took effect on August 28, a day after it was published in the Royal Gazette.
Signed by Prime Minister Anutin Charnvirakul on August 26, the regulation sets out procedures for authorities to assess cases, issue deportation orders and coordinate the removal of foreign nationals.
Under the new rules, the Interior Minister may order the deportation of foreigners who have completed sentences under final court judgements for certain offences.
These include unlawfully entering or remaining in Thailand, working without authorisation, illegally operating a business under the Foreign Business Act, forging or using forged official documents, and committing an offence carrying a prison sentence of at least five years.
Foreign nationals who act as principal offenders, instigators or supporters in any of these offences may also be subject to deportation.
A deportation order may also include a ban preventing the individual from re-entering Thailand for a specified period.
Authorities will now have a formal process to identify foreign prisoners who may be subject to deportation before they are released.
The director-general of the Department of Corrections must provide the Interior Ministry’s permanent secretary with the prisoner’s name, nationality and case records at least 15 days before release.
The information must then be reviewed so the Interior Minister can consider whether a deportation order should be issued.
The Office of the Judiciary must also immediately notify the permanent secretary when a court suspends a sentence or imposes a fine involving a foreign national.
Where a foreigner’s conduct is considered contrary to public order, good morals or public welfare, the Interior Ministry’s permanent secretary or an authorised representative must report the case to the minister for consideration.
Despite the tougher deportation framework, the regulation requires authorities to consider applicable laws, Cabinet resolutions and Thailand’s international obligations when making deportation decisions.
Foreign nationals will normally be returned to their country of nationality. If their nationality cannot be established, they may instead be sent to the country where they last reported living before entering Thailand.
The rules also allow another country or an international organisation to request that a deportee be transferred to its territory or a third country.
The request must be submitted through diplomatic channels within seven days of the deportation order and may be based on concerns that the person could face torture, cruel, inhumane or degrading treatment, violations of human dignity or enforced disappearance.
The requesting party must agree to cover all costs related to the person’s care and transfer, while the deportee must provide written consent.
Any approved transfer to another country must be completed within 30 days.
The Interior Minister may grant up to two extensions, with each lasting a maximum of 30 days.
If the transfer cannot be completed within the permitted period, authorities must proceed with deportation under the standard repatriation procedure.
The regulation also states that deportation expenses will be governed by Interior Ministry rules approved by the Finance Ministry.
Any dispute over the implementation of the regulation will be referred to the Interior Minister, whose decision will be final.
The regulation comes as Thailand continues to distinguish between foreign nationals who enter the country lawfully for tourism, residence, employment or business and those who violate immigration or other laws.