Integrity Legal - Law Firm in Bangkok | Bangkok Lawyer | Legal Services Thailand Back to
Integrity Legal

Legal Services & Resources 

Up to date legal information pertaining to Thai, American, & International Law.

Contact us: +66 2-266 3698

info@integrity-legal.com

ResourcesVisa & Immigration LawThailand Immigration LawThe "Beach Bully" Saga in Thailand Continues...

The "Beach Bully" Saga in Thailand Continues...

Transcript of the above video: 

As the title of this video suggests, we are discussing yet again, this situation involving the 'beach bully'. Let me just dig into this. I thought of making this video after reading a recent article from the Thai Examiner, that is thaiexaminer.com, the article is titled: Urs Fehr or Mr. David faces deportation as case judgment is due in Phuket on September 3rd next. Quoting directly: "Swiss expat Urs Fehr also known as Mr. David, faces potential deportation as his case comes before the Phuket Provincial Court on September 3rd. With his Business Visa cancelled, Fehr remains in Thailand on a restricted short-term visa to fight legal battles. The case linked with embattled Swiss expat in Phuket, Urs Fehr is due to come before the Provincial Court on September 3rd for judgment. Presently, the foreigner, whose Business Visa was cancelled in March is staying in Thailand on a 30-day renewable and highly restrictive short-term visa issued solely to allow him to fight his legal case." Yeah, this occurs in Criminal Court, it can occur in a kind of a civil context. This case is a little bit odd because it gained so much notoriety fairly early on and we'll get into that here in a minute. But some data points here as like a teaching moment for folks. Yeah if you do end up in a criminal case you're in Thailand they may revoke your visa and then issue you basically what I would almost call like a Bail Visa where basically you are pending a final outcome in the Court. They are allowing you lawful status until that time but it's not really a Visa Extension in the way we're used to it. 

That said, quoting further: "The woman who brought the case, Dr. Thandao Chandam, looks forward to justice being done. In short, the fate of Mr. David, or Urs Fehr now lies in the hands of the Court. In particular, whether the foreigner, who has been resident in Thailand since 2015.." Important to note, living here does not imply Permanent Residence. So when somebody talks about resident, I'm not trying to be pedantic or semantic here, but there is a difference. There is Legal Residence which is Lawful Permanent Residence, and even in the event of a criminal conviction, yes you could be deported but you have to be put through a specific type of deportation proceeding if you have Permanent Residence. In this situation, this person had a Non-Immigrant Visa which was revoked and now, or just was not extended is my understanding, and then the current Visa that allows him to remain here is just for the Court pendency. So again it really a major fine point there. There is a difference between Permanent Residence in Thailand and simply living here a long time. Quoting further: "..resident in Thailand since 2015 will face a deportation order or will appeal any decision." Well even after the appeal, there is still the likely prospect or possible prospect of deportation, and I say likely because as we discussed in another video, Mr. Anutin Charnvirakul who is currently the Caretaker Interior Minister - prior Interior Minister - has noted that he is keeping a close eye on this case specifically, and is not particularly interested in this person maintaining a Visa, my understanding no matter what the outcome of the case is. That said, it remains to be seen how this plays out. Quoting further: "The young doctor (this is the accuser) has consistently refused offers of mediation in the case. Certainly, she has long insisted that she would see the matter through to the end. However, there may still be the possibility of Mr. Fehr appealing the decision handed down by the Court. It remains to be seen what will happen in Court on September 3rd in Phuket. In particular, what action will be taken by the Immigration Bureau in its wake." Well yeah, and that's a big one because as noted, the Interior Minister has chimed in on this and is not particularly happy about it.

Meanwhile yeah, look there are consequences to actions in Thailand. If you are convicted of a crime in Thailand as a foreigner, it could be deemed to be a legal ground of inadmissibility and a legal ground for deporting a person from the Kingdom. Now what the outcome of this case will ultimately be remains to be seen, but we will certainly keep you updated on this channel as the situation evolves.