Thailand Law Library

by Thailand Lawyer

Chapter 2: Entering and Departing the Kingdom

Persons entering into or departing the Kingdom must other and leave by way of immigration check points, designated landing, stations or areas and in accordance to the prescribed time as published in the Government Gazette by the Minister.

Aliens which fall into any of the following categories are excluded from entering into the Kingdom:

1. Having no genuine and valid passport or document used in lieu of passport; or having a genuine and valid passport or document used in lieu of a passport without Visaing by the Royal Thai Embassies or Consulates in Foreign countries; or from the Ministry of Foreign Affairs, excepting if a visa is not required for certain types of aliens in special instances. Visaing and visa exemption will be under the learn and conditions as provided in the Ministerial Regulations.
2. Having no appropriate means of living following entrance into the Kingdom.
3. Having entered into the Kingdom to take occupation as a laborer or to take employment by using physical without skills training or to work in violation of the Ministerial Regulations.
4. Being mentally unstable or having any of the disease as prescribed in the Ministerial Regulations.
5. Having not yet been vaccinated against small pox or inoculated or undergone any other medical treatment for protection against disease and having refused to have such vaccinations administered by the Immigration Doctor.
6. Having been imprisoned by the judgement of the Thai Court; or by a lawful injunction; or by the judgement of the Court of foreign country, except when the penalty is foe petty offense or negligence or is provided for as an exception in the Ministerial Regulations.
7. Having behavior which would indicated possible danger to the public or likelihood of being a nuisance or constituting any violence to the peace or safety of the public or to the security of the public or to the security of the nation, or being under warrant of arrest by competent officials of foreign governments.
8. Reason to believe that entrance into the Kingdom was for the purpose of being involved in prostitution, the trading of woman of children, drug smuggling, or other types of smuggling which are contrary to the public morality.
9. Having no money or bond as prescribed by the Minister under him.
10. Being a person prohibited by the Minister under Section 16.
11. Being deported by either the Government of Thailand that of or other foreign countries; or the right of stay in the Kingdom or in foreign countries having been revoked; or having been sent out of the Kingdom by competent officials at the expense of the Government of Thailand unless the Minister shall consider exemption on an individual special case basis.

The examination and diagnosis of disease of a physical or mental nature, including protective operations as against disease, shall be conducted by the Immigration Doctor.

The bellowed listed aliens shall not be required to have a passport or document in lieu of passport:

1. Any person in charge of or the crew of a seagoing or air conveyance making an entry into a port, station or locality in the Kingdom and departing therefrom. For convenience in controlling these person, the competent official may issue them a certificate in accordance with the form as prescribed in the Ministerial Regulations.
2. A citizen of a country with has its boundaries adjacent to Thailand making at a temporary journey across the border under compliance with the agreement between the Government of Thailand and of that country.
3. A passenger of an international train holding a through ticket and making a transit journey across Thailand under compliance with the international agreement between the Government of Thailand and of the country concerned, including the conductor and crew of such train.

The Minister shall have power to issue public notice in the Government Gazette requiring the alien entering into the Kingdom to have with either money or bond, or shall have power to order an exemption under any condition. The public notice issued by the Minister under the first paragraph of this section shall not apply to children under the age of twelve years.

Aliens entering into the Kingdom under bellow listed status shall be exempted from complying out the function or the prohibition under Section 11, Section 12 (1), (4) and (5) and Section 18 paragraph 2.

1. Persons on Diplomatic Missions sent by a Foreign country’ s government to perform duties in the Kingdom; or which are travelling through the Kingdom to perform duties in another country.
2. Consular parties and their employees sent by a foreign country’s government to perform duties in the Kingdom to perform duties in another country.
3. A person which a foreign country’s government has sent to perform duties or missions in the Kingdom with the approval of the Thai Government.
4. A person performing duties or missions in the Kingdom for the government of Thailand in accordance with the agreements of the Government of Thailand and of the foreign country involved.
5. Officer Chief of International Organizations or Department performing duties in Thailand, which are protected by law or which the Thai Government has concurred with, including officer, specialists or other persons, who are appointed or responsibilities in the Kingdom for said Organization or Departments or for the Thai Government under an agreement with the Thai Government has made with such International Organizations or Departments.
6. Spouses or children under patronage or being a part of the household of persons under paragraph (1), (2), (3), (4) or (5)
7. Privates servants travelling from foreign countries to work at the residence of the persons under (1) or any person having a document showing status equivalent to that of diplomatic immunity, in accordance with the agreement that the Thai Government has made with Foreign Governments or with International Organizations or Departments.
8. Case (1), (2), (6) or (7) shall be in compliance with agreements made between concerned countries and with mutual reciprocation.

The competent official shall have power to question or examine evidence for the purpose of ascertaining whether a person entering into the Kingdom is under the exemptions provided for this Section.

In the instance where for reason of national welfare or safeguarding the public peace, culture, morality, or welfare, or when the Minister considers it improper to allow any alien or any group of alien to enter into the Kingdom, the Minister shall have power to exclude said alien or group aliens from entering into the Kingdom.

In certain special cases, the Minister, by the Cabinet approval, may permit any alien or any group of aliens to stay in the Kingdom under certain conditions, or may conditions, or may consider exemption from being conformity with this Act.

The competent official shall have power to inspect persons entering into or leaving the Kingdom, In light of this provision, persons entering into or departing from the Kingdom must submit a list of items as prescribed in the Ministerial Regulations, and must be inspected and approval by the competent official assigned to the Immigration check point.

In inspecting and considering whether an alien is forbidden from entering the Kingdom, the competent official shall have authority to allow said alien to stay at an appropriate place after promising that he will present himself to the competent official to received his orders on a specified date, time and place; or if the competent official deems appropriate he may call for a bond or call fir both bond and security; or the competent official may detain said aliens at any place for paragraph, the competent official shall have power to call a person, who’s statement the competent official has reason to believe may be useful in case of doubt, to give oath, testimony, or statements to the competent officials.

If there is reason to suspect that any alien has entered into the Kingdom for the purpose committing acts specified in Section 12 (8) or for the purpose taking past therein, or any woman or child enters into the Kingdom for a temporary stay by ordering said person (s) to report in person to him and answer his questions; or the competent official may officials at the Local Police Station where said person (s) will reside, within a period of time prescribed by the competent official which shall not be less than seven day intervals.

In the instance where the competent official has detained any alien under the provision of Section 19, the competent official shall have grounds to detain said alien in so far as it is necessary, under the circumstance but not more than forty-eight hours beginning at the time of this (detainee’s) arrival at the office of the competent official. In case of necessary, the period of forty-eight house may be extended, but not to exceed seven days, and the competent official shall record the reason foe such extension.

If it necessary to detain any alien longer than the period of time provided in the first paragraph, the competent official shall apply to the Court for an order to further detain said alien and Court may order further detention, if found necessary, not exceeding twelve days at each application. However, if the Court deems it appropriate, the Court may order that said alien be temporary.

The expense of detaining an alien shall, under Section 19 and 20 be charge to the account of the owner, or person in charge, of the conveyance bringing the alien into the Kingdom. If there appears to be on owner or person in charge of the conveyance, or the alien concerned entered into the Kingdom without coming by way of a conveyance, the expense shall be charged to his (alien’s) account.

In the instance where the competent official discovers that an alien is forbidden from entering into the Kingdom under the provisions of Section 12, the competent official shall have authority to order said alien by written notification to leave the Kingdom. If said alien is not satisfied with the competent official’s order, he (alien) may appeal to the Minister. The order of the Minister shall be final.

Appealing cases are not allowed under Section 12 (1) or (10), but if the Minister does not have an order within seven days beginning from the date of submitting the appeal, it is considered that the Minister has ordered that said alien is not forbidden from entering into the Kingdom under Section 12. Appeal must be submitted the competent official within forty-eight hours beginning from the time of received said order from the competent official and must comply with the pattern (and a fee must be paid) an provided in the Ministerial Regulations. When appeal is submitted by the alien concerned, the competent official shall delay deportation of said alien until an order for said case is receive from the Minister. While processing under order of the competent official or while waiting for an order from the Minister, as the case may be, the provisions of Section 20 shall not be applied.