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ResourcesThailand Criminal LawCriminal Jurisprudence ThailandThai Immigration Revokes "Permission to Remain in the Kingdom"?

Thai Immigration Revokes "Permission to Remain in the Kingdom"?

Transcript of the above video: 

As the title of this video suggests, we are discussing revocation of Visa status. I have talked about this in the past and the citation I am going to get to allows me to acutely sort of put a fine point on what I'm talking about with respect to this. Long story short, what we are discussing here would be described in the context of US Immigration as "expedited removal" or "expedited deportation". Let’s just jump in here.

I thought of making this video after reading a recent article from the Bangkok post, bangkokpost.com, the article is titled: Police nab two French Interpol targets in Asok. I have already made a video regarding the substance of the underlying article and what was going on with respect to these two; their backgrounds their arrests and everything like that. I urge those who are watching this video, go check out that video. That said, quoting directly: "Given that both were wanted abroad and deemed prohibited persons under Thai Immigration Law," - Deemed prohibited persons. I've discussed this at length in many videos and actually, if you go back in my history on this channel, we actually quoted the Immigration Act here in Thailand - the Immigration Act of '79 - in detail. Matters pertaining to Public Health and Safety, matters pertaining to National Security can get you deemed a prohibited person. So just a foreign criminal record is enough to be denied entry to Thailand or to be deemed a prohibited person. Quoting further: "The Commander of Immigration Division 3 signed orders revoking their permission to remain in the Kingdom." Now I have talked about this in the context of for example extradition, where sometimes you will actually see the Thai Authorities don't even care about putting someone through extradition. If they are a national of the country that is seeking their return to deal with Court proceedings back in that jurisdiction and they hold no other real connection to Thailand, this isn't uncommon. They can basically just say, "hey you are deemed a prohibited person. We view you as a problem from a national security standpoint, a public health and safety standpoint. We are just revoking your permission to stay and we are putting you on the first plane back to where you are from." Not uncommon at all. Quoting further: "A special operations team led by Pol Lt Col Itthithorn Prasertsak, Deputy superintendent of the IB's Investigation Division, and Pol Thongthai Pairoh, Investigation Inspector, arrested the suspects." So these folks were arrested, they were deported, but they were deported after revocation of their permission to stay. And that's the important thing to understand is Immigration has pretty much the unfettered discretion to cancel permission of stay.

Now in cases that don't involve somebody that you would say "deemed prohibited persons", it may be a little bit different and you may be able to appeal a decision to revoke permission to stay. That said, especially where somebody is deemed a prohibited person, as in this situation, basically it is just going to be presented, "Hey, this person has Interpol Red Notices, they are a person that threatens the public health and safety of Thailand, they pose a national security risk." Boom you are prohibited. You're gone. I don't really see a proceeding adding up too much substance. 

Again, you can see permissions of stay revoked, and I have dealt with appeals of revocation, oftentimes, the ones that we dealt with we came in later. These were people that had businesses, but the businesses seemed to be only operating in a proforma manner in order to issue their visas and things. We dealt with the appeal. Ultimately, they had to leave and come back in because again it is even hard on appeal to prove this stuff up; they really had problems with proof. We ended up getting them sorted out in such a way that they weren't forever banned from coming to Thailand, which is something that frequently happens associated again with having your permission to stay revoked. That being said, it's something that doesn't happen very often and when it usually does, it involves usually some sort of foreign law enforcement apparatus that is attempting to either extradite or bring someone to their jurisdiction in order to process them for some sort of crime under their law. And again, Thai Immigration Authorities have that discretion to revoke, again revoke permission to stay based purely on the fact that one is deemed a prohibited person from the Kingdom of Thailand.