BANGKOK (The Nation Thailand/ANN): Thai Prime Minister Anutin Charnvirakul has signed new deportation regulations establishing procedures for removing foreigners who violate Thai law or engage in conduct considered harmful to public order.
The Prime Minister’s Office Regulation on Deportation B.E. 2569 was published in the Royal Gazette on Aug 27. Anutin signed the regulation on Aug 26, and it takes effect on Aug 28.
The regulation states that Thailand welcomes foreigners who enter the country lawfully for tourism, residence, employment or business. However, it says, some foreigners violate the law, undermine public order or good morals, or enter the country illegally for personal gain.
It establishes formal procedures intended to make deportation decisions and inter-agency coordination faster and more effective.
Under the regulation, the term “minister” refers to the Interior Minister.
Where a foreign national’s conduct is considered contrary to public order, good morals or public welfare, including conduct as an instigator or supporter, the permanent secretary of the Interior Ministry or an authorised representative must report the case to the minister for consideration of a deportation order.
The Interior Minister may order the deportation of foreigners who have completed sentences imposed under final court judgments for six categories of offences:
* Entering or remaining in Thailand unlawfully under immigration law.
* Working unlawfully under the law governing the employment of foreign nationals.
* Operating a business unlawfully under the Foreign Business Act.
* Forging an official document or using a forged official document.
* Committing an offence carrying a prison sentence of at least five years.
* Acting as a principal offender, instigator or supporter in any of the first five categories.
A deportation order may also prohibit the person from re-entering Thailand for a specified period.
The director-general of the Department of Corrections must provide the permanent secretary of the Interior Ministry with the name, nationality and case records of a foreign prisoner covered by the regulation at least 15 days before the person’s release.
The information must be reviewed promptly so that the minister can consider issuing a deportation order without delay.
Where a court suspends a sentence or imposes a fine, the Office of the Judiciary must immediately notify the permanent secretary so that the case can be considered.
Deportation decisions must take account of applicable laws, Cabinet resolutions and Thailand’s international obligations.
A deportee will normally be returned to their country of nationality. If their nationality cannot be established, the deportee may be sent to the country where they reported last living before entering Thailand.
Another country or an international organisation may submit a request through diplomatic channels within seven days of the deportation order to receive the person in that country or a third country. Such a request may cite safety concerns, including risks that the person could face:
* Torture, Cruel, inhumane or degrading treatment, Treatment violating human dignity, enforced disappearance
The requesting party must agree to cover all costs associated with caring for and transferring the person. The deportee must also provide written consent. A transfer requested by another country or an international organisation must be completed within 30 days.
The Interior Minister may grant no more than two extensions, each lasting up to 30 days. If the transfer cannot be completed within the permitted period, the authorities must proceed with deportation under the standard repatriation procedure.
Deportation expenses will be governed by Interior Ministry rules approved by the Finance Ministry. Any dispute concerning the implementation of the regulation will be referred to the Interior Minister, whose decision will be final. -- THE NATION/ASIA NEWS NETWORK
