Transcript of the above video: 

As the title of this video suggests, we are discussing the so-called 'beach bully' visa case. We have discussed this in the past; I've kind of stayed away from this again because one) it is an allegation. That said, it seems to be a pretty strong case but it remains an allegation and until an adjudication comes to a conviction it remains that. So that's what it is. Also I don't really, it has kind of the feel of gossip sometimes when I talk about this but there are a lot of good data points in all of this to provide people with some insight into how the Thai Immigration system works. 

I thought of making this video after reading a recent article from Phuket GO, that's phuket-go.com and they are actually citing and they note it in their own article, Bangkok Post, bangkokpost.com, as well as the Phuket News, that's thephuketnews.com, quoting directly: "The Governor of Phuket has confirmed that an appeal on behalf of Urs Fehr," (this is the so-called "Beach Bully") "will be heard, to determine whether or not his Visa remains cancelled." Quoting further: "The Swiss national's visa was revoked by Thailand's Interior Minister Anutin Charnvirakul after he allegedly kicked," (again allegedly is key) "kicked a female Thai doctor who was sitting on steps leading to his rented Cape Yamu Villa. For his part he claims he didn't intentionally kick the doctor but slipped while making his way down the steps. His defense fell on deaf ears however, with the Immigration Bureau deciding to revoke his Visa under instruction from the Interior Minister. Now the Governor of Phuket says an appeal in relation to that decision will go ahead. Sophon Suwannarat adds that the assault case involving the doctor is still being heard in Court. In March Fehr's visa was revoked but Sophon says an appeal against that decision will be heard. Quote: "An appeal hearing will be held soon with the central level committees and Immigration with the Permanent Secretary of the Ministry of Interior as Chairman of the Committees." Now I believe that's because this actually is part of due process. If your Visa is revoked you do have at least the right to a basic appeal, a sort of hearing regarding the revocation. Quoting further: "This despite the Interior Minister Anutin Charnvirakul responding with "not under this Interior Minister's watch" when asked about the possibility of an appeal. The Bangkok Post reports that Anutin also posted on his Facebook page, urging Sophon to reject any lobbying attempts on behalf of the Swiss expat. Quote: "Don't let lobbying happen, Phuket Governor. Hold a press conference to confirm your stance that you will not let bribe-taking happen to have the case overturned." Sophon has responded to deny that any lobbying attempts are taking place." I suspect they are not actually and I don't know what the Interior Minister, I think he was just kind of making a statement of fact which is don't let stuff happen. There is also probably a bit of politics and posturing going on here. But that said yeah there is sort of a due process element here, where if your Visa is revoked you have the right to at least a hearing as to why it's being revoked before you are fully deported from the country. 

That said, when the Interior Minister himself has actually said there will be no further visas, the revocation or the appeal of the revocation seems like kind of a moot point to me because okay the Visa wasn't revoked; let's say they overturn the revocation. Well okay it's my understanding the Visa expired on March 13th anyway. Again this is sort of one of the inherent aspects of Non-immigrant Visas here in Thailand is that the Government can decide not to issue a new one; they can just say ‘well we're not going to issue you a new visa’. And again is there any appeal associated with that? From my understanding there isn't. There is an appeal associated with revocation but if a determination is simply made that we are not going to issue a new extension, how can that be appealed? Again the proceeding is the extension process itself and if that extension is denied or they simply say 'we are just not going to do it' - not so much that it's denied – ‘we are just not even going to accept the application’, I don't know that there is any appeal process for that.

So my point being is that in this case, whatever happens to my estimation and again I could be wrong, but from my estimation, whatever happens with regard to the appeal of the revocation, no new Visa presumably is going to be issued because again visas are issued under the auspices of the Ministry of Interior here in Thailand and the Minister of the Interior itself has said that he doesn't want any further status for this person. So again, not a great place to be in if you are in that position but that appears to me to be the posture of this case at this moment.