Thailand Establishes First Formal Deportation Regulations

BANGKOK — The Cabinet has approved draft regulations establishing a formal process for deporting foreign nationals who enter, work or conduct business in Thailand illegally, as well as those convicted of serious crimes.

Government spokesperson Ratchada Thanadirek said the Cabinet approved the draft Prime Minister's Office regulations on deportation during its meeting on Tuesday, following a proposal submitted by Deputy Prime Minister Pakorn Nilprapunt.

The regulations identify six categories of offences that may warrant deportation when authorities consider removal necessary to protect public order and public morality. They apply to foreign nationals who:

- Enter or remain in Thailand illegally; - Work in Thailand in violation of laws governing foreign employment; - Conduct business in Thailand in violation of the Foreign Business Act; - Forge official documents or use forged government documents; - Commit an offence carrying a prison sentence of three years or more; or - Act as a principal, instigator or supporter of any of the above offences.

The proposal follows a Cabinet resolution on 16 June appointing Pakorn to coordinate with relevant agencies on improving laws, regulations and procedures concerning immigration. The review was intended to speed up the removal of foreign nationals who commit crimes or enter the country illegally.

Thailand currently has no unified administrative regulations governing deportation, requiring agencies to coordinate closely on individual cases. The new framework is intended to make deportation procedures faster and more efficient.

Under the draft regulations, the director-general of the Department of Corrections must provide the Interior Ministry permanent secretary, or a designated official, with the names, nationalities, case files and other relevant information concerning foreign prisoners before their release. The permanent secretary or designated official must then report the case to the interior minister, who will consider issuing a deportation order without delay.

The Interior Ministry will be responsible for returning the person to their country of nationality. Where a person's nationality cannot be established, they may be deported to the country where they say they last lived before entering Thailand.

A person may also be transferred to another country where they are not a citizen, or to an international organisation, if a request is submitted through diplomatic channels. The receiving country or organisation must agree to cover all expenses associated with the person's care and removal, while the person facing deportation must also provide written consent to the transfer.