Prime Minister Anutin Charnvirakul has signed new deportation regulations establishing procedures for removing foreign nationals 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 came into effect on Aug 28.
The regulation states that Thailand welcomes foreign nationals who enter the country lawfully for tourism, residence, employment or business.
However, it says some foreign nationals 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 foreign nationals who have completed sentences imposed under final court judgements 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, they may be sent to the country where they reported last living before entering Thailand. — The Nation/ANN
