Transcript of the above video: 

As the title of this video suggests, we are discussing deportation from Thailand specifically in the context of some of these restrictions that are being imposed here recently in response at least at a relatively local level, to the ongoing COVID-19 situation, in response to that.

A recent article from the Phuket News, that is thephuketnews.com, the article is titled: Phuket COVID Restrictions Extended, Foreigners Breaking Order Face Expulsion. Quoting directly: "Phuket: The raft of restrictions in effect across Phuket to prevent the spread of COVID-19 have been extended through to May 31 under a new provincial order issued today May 12th. The order including a warning that foreigners failing to observe the restrictions in place regarding gatherings may be expelled from the country." Quoting further: "If those who fail to comply with this measure are foreigners, their permission of being granted to remain in the Kingdom under the Immigration Act will be taken into consideration." I am not going to get into the substance of all these restrictions. We are discussing that in videos we are making contemporaneously with this one at least on some level, but we are talking about the Immigration implications specifically in this video.  Going over to an article from the Pattaya Mail, that is pattayamail.com, this article is titled: Foreign Worker Numbers in Pattaya Take a Nose Dive. Quoting directly: "However the Bangkok based Center for COVID-19 Situation Administration has stated that no foreigner will be deported without undergoing two weeks of supervised quarantine." I will get to that further in a minute.

I have had a lot of correspondence. Folks have been asking about this and it seems that the legal basis for possible deportation is a question on the lips of many. Now I think there are multiple ways, unlike some of the stuff we have been talking about with respect to for example some of the mask mandates and things, which in my opinion at least is based on some rather attenuated legal reasoning at best and arguably in my opinion somewhat spurious legal reasoning depending on the circumstances at worst. With respect to Immigration, those who are not Immigrant status in Thailand who are expelled from the country, who are deported, there is not a great deal of recourse associated with that; if you are deemed to be inadmissible or deemed to be deportable if you will. So inadmissibility is the phrase I like to use. Now I am borrowing that from the context of American Immigration but someone who is deemed inadmissible can be denied entrance to the country but in practice they can also, if they are deemed inadmissible they could be presumably deported from the country; that is how I read the relevant rules. This is from a translation of the Thai Immigration Act. To be clear, this is for educational purposes only. It also should be noted the Thai language is what is controlling with respect to the Act. This is an English translation from the Thai Government, Office of the Council of State specifically and so this is for informational purposes only but I think this one section alone provides the conceptual foundation if you will for the notions associated with deportation in this context. Quoting directly from section 16: "If in the interest of the country or for reason of public order, good morals or culture or for the happiness of the people, the Minister considers that any alien or group of aliens should not be permitted to enter the Kingdom, the Minister shall have power to not permit such alien or group of aliens to enter the Kingdom." Presumably that also gives them the ability to not let them stay in the Kingdom either.

So the thing to understand, in my opinion, about this and there is more there is a lot in the Immigration Act. We have done other videos on this channel where we talk about the specific things that Immigration Officers can find folks inadmissible for, most notably communicable disease related issues can be cited specifically or just National Security can be cited and again disease related issues might be deemed to fall under that. But long story short, I think section 16 makes it pretty clear that if they deem somebody inadmissible due to again, "not in the interests of the country, public order, good morals or for happiness of the people" again they can determine that somebody could be deemed inadmissible.

So yes unfortunately out there for foreigners, take note of this because being found and we have done videos and we have discussed, in my opinion it is getting a little strange if you will seeing some of the things they are deeming to be a major issue to be addressed at least in a police context. I am not getting into all that here but yes they are going after things that in my opinion are relatively innocuous but they are taking it very seriously and those that are deemed to be in violation of relevant law, actually law in my opinion is the wrong word and as I have discussed another video those to be in violation of these provincial orders let's call them that, could be deemed to be inadmissible and they could be deported. So foreign nationals should be on guard from this and understand that you could be expelled from the country. The other thing to remember is those who are expelled from the country, generally speaking we think of this in the standard context of criminal law, but those who are expelled from the country for being in violation of the law may be and probably will be subject to a black listing presumably of 5 years. We have done other videos on this channel discussing this so yes one could not only be deported from Thailand but they could face a 5-year bar from returning to the Kingdom.