Thailand enacts new rules for deporting foreign nationals who break the law

Thailand is implementing stricter measures for the deportation of foreign nationals, with new regulations signed by Prime Minister Anutin Charnvirakul taking effect on August 28. The Prime Minister’s Office Regulation on Deportation B.E. 2569, published in the Royal Gazette on August 27, establishes formal procedures for removing individuals who violate Thai law or engage in conduct deemed harmful to public order, good morals, or public welfare.

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Thailand welcomes foreign nationals who enter the country lawfully for tourism, residence, employment or business.

The new rules aim to make deportation decisions and inter-agency coordination faster and more effective. The Interior Minister is granted authority to order deportations. This can occur when a foreign national's conduct is considered contrary to public order, good morals, or public welfare, or if they have completed sentences for specific offenses.

These offenses include unlawful entry or remaining in Thailand, working without a permit, operating a business unlawfully, forging documents, committing offenses carrying prison sentences of at least five years, or acting as a principal offender, instigator, or supporter in any of these categories. A deportation order may also include a prohibition from re-entering Thailand for a specified period.

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some foreign nationals violate the law, undermine public order or good morals, or enter the country illegally for personal gain.

Before a foreign prisoner covered by the regulation is released, the director-general of the Department of Corrections must provide the permanent secretary of the Interior Ministry with their name, nationality, and case records at least 15 days prior. This ensures timely review for potential deportation orders. The regulation also mandates that deportation decisions must consider Thailand's international obligations, aiming for a humane and lawful process.

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Where a foreign national’s conduct is considered contrary to public order, good morals or public welfare, including conduct as an instigator or supporter, the permanent secretary of the Interior Ministry or an authorised representative must report the case to the minister for consideration of a deportation order.