Thai immigration | Immigration’s Authority to Deport

Immigration’s Authority to Deport

Thai immigration

                                   Some time ago I had come across a foreign man who had contacted me as he was in the process of being deported back to his country of origin. He had explained to me that he had gotten in trouble over a case of cheating money, which he was found guilty of and an arrest warrant had just been issued back in his home country. As such when the Thai immigration office discovered this they immediately detained him giving him forty eight hours to appeal his deportation, if an appeal was not lodged immediately he was effectively just waiting for his flight home.
The immigration authority here in Thailand has the power to detain an individual who is not allowed into the Kingdom for forty eight hours from his or her arrival at their offices, with a possible extension to no more than seven days if the circumstances require it. Acting quickly we appealed to the Immigration Minister allowing us to buy more time, as the foreign man’s deportation must be delayed until the appeal is processed and the deportation order is made by the Minister. The order of the Minister is final and is the last chance of avoiding being sent back to your home country.
If an order does not arrive to the immigration officer handling the case in the period of seven days, then it is considered that the Minister has declared the individual is not forbidden from entering the Kingdom of Thailand. Even if this is not the case the legal proceedings that are necessary after the appeal will take a long time to process such as a period of up to one or two months. As such the individual being charged can then post bail and be free to sort out his affairs and plan ahead instead of being rushed back in the original two day period. 


Our Comment: As a foreigner here in Thailand if a situation like this happens to you please be aware that you will be at the mercy of the Thai Immigration office. As they have the power to consider your case for themselves, they will never need to check your case with any courts or check whether you are guilty or not. This is one kind of tool that foreigners who have problems with each other use to achieve their ends; by charging the other party in the original country of that person, the courts will then issue the necessary warrant of arrest which can be sent via Interpol through to the Immigration Authority of Thailand giving the order to deport that individual back to face charges or punishment.
This gives the Immigration office complete power to send them back on the basis that whoever is right or wrong, guilty or innocent will need to prove it themselves in the court of their own country. If all else fails and you are deported back home the Immigration office will also blacklist you making it difficult to return to the Kingdom after your case is resolved, even if you are found innocent. But it does not mean that you will not have any chance at all as you are still able to submit your case to the Immigration office to consider again. If you have your own case or any questions regarding law here in Thailand please feel free to write in to us and we will answer any questions or concerns in this column.