Need confirmation about the blacklisting

[maleekphet]

Hello all,

 

I just wanted to know am I being blacklisted. I was charged for fraud.In-fact it is a general fraud it is not public fraud. But the stamp in my passport states that  " This person was prosecuted for public fraud.Sentenced to 1 year and 2 months.The case is final and is prohibited by section 12 (6) (7) of the immigration act. 

 

I don't know about these immigration acts. I just need to know am I blacklisted, Since my wife and 2 kids are in Thailand. I need to get back there.

 

any advice's, suggestions or conclusions will be appreciated .

 

Best Regards

[ballbreaker]

GF currently studying law and she says you are blacklisted.

[ubonjoe]

You are not allowed to enter the country under section 12 of the immigration act.

"Section 12 : Aliens which fall into any of the following categories are excluded from entering into the
Kingdom :

6. Having been imprisoned by the judgement of the Thai Court ; or by a lawful injunction ; or by
the judgement of the Court of foreign country , except when the penalty is foe petty offense or negligence
or is provided for as an exception in the Ministerial Regulations.
7. Having behavior which would indicated possible danger to the public or likelihood of being a
nuisance or constituting any violence to the peace or safety of the public or to the security of the public or
to the security of the nation , or being under warrant of arrest by competent officials of foreign
governments."

[Isaanbiker]

I just wanted to know am I being blacklisted. I was charged for fraud.In-fact it is a general fraud it is not public fraud. But the stamp in my passport states that  " This person was prosecuted for public fraud.

 

   I understand that you'd like to see your family, but which country wants to let in convicted criminals? 

 

 

 

   

[SammyT]

Out of interest, what is the nature of the fraud? Perhaps engage an immigration lawyer? Failing that, consider moving wife and kids to a nearby third party country to live?

[DrJack54]

OP. I'm certainly no expert but you mention the type of fraud as being important. Think what you might find is its the sentence of the court that can come into play. For example, in Australia, anyone on a visa that is sentenced to 12+ months is automatically up for a black listing and deportation. (happy to be corrected on that).

Think your between rock and hard place.

[Blue Muton]

What is a "general fraud" and how does it differ from "public fraud"?

[Sujo]

I would suggest you do a visa application in your own country. The forms may have a section where you list criminal convictions and where you can write asking for special consideration.

 

I think Canada does things like that. 

 

but im not sure.

[ubonjoe]

10 minutes ago, Sujo said:

I would suggest you do a visa application in your own country. The forms may have a section where you list criminal convictions and where you can write asking for special consideration.

They don't have that on visa a application form for Thai visas.

He could probably get a visa since embassies and consulates do not check for blacklisting. But even if he was able to board a flight (preapproval for entry check done now) he would be denied entry.

[ChipButty]

I've heard Cambodia is good these days

[lkv]

There were certain agents that for a fee (2-3k baht), would liason with Immi and do a check for blacklisting. Other members might provide current info on that.

 

If there's a ban, it's not necessary that one has a stamp in a passport, might well be a 10 year or 100 year ban.

 

Another way to find out (incurs some expenses), is to attempt to cross the land border from a neighboring country, with a new passport and an SETV.

[DrJack54]

2 hours ago, lkv said:

There were certain agents that for a fee (2-3k baht), would liason with Immi and do a check for blacklisting. Other members might provide current info on that.

 

If there's a ban, it's not necessary that one has a stamp in a passport, might well be a 10 year or 100 year ban.

 

Another way to find out (incurs some expenses), is to attempt to cross the land border from a neighboring country, with a new passport and an SETV.

The last part of your post won't work IMO.

As for the ban.,..I don't think it works the same as for example overstay. 

OP was given sentence of over 1 yr jail. Think that means go johnny go. Blacklisted.

Surely some members have friends with similar issue can relate an hands on experience so to speak.

Edited June 23, 2019 by DrJack54

[The Man Who Sold the World]

maleekphet:

 

Seek legal advice from a licensed Thai Lawyer. As there is family involved there may be humanitarian issues considerations that could bear on the case. 

 

Only a licensed Thai attorney can provide you with a valid legal opinion concerning your options.

[jackdd]

This stamp doesn't say anything about being blacklisted, so if you don't have any other stamp you are most likely not blacklisted. But since you have been sentenced, in the future any IO might deny you entry based on this, but it doesn't mean that he has to.

I would get a new passport and visa, and then try to enter at a land border, in the worst case you will be turned away.

[DrJack54]

20 minutes ago, jackdd said:

This stamp doesn't say anything about being blacklisted, so if you don't have any other stamp you are most likely not blacklisted. But since you have been sentenced, in the future any IO might deny you entry based on this, but it doesn't mean that he has to.

I would get a new passport and visa, and then try to enter at a land border, in the worst case you will be turned away.

Don't misconstrue this....its just a question. So your implying that new pp with visa will cut it at border crossing. My understanding is computer notes will show history. If anything a a visa exempt might side through. In any event that gets him ONE entry to visit family. 

Very few details from OP about a significant sentence re crime.

A year up in Thailand for offences other than drugs is significant. Thinking bit more to story.

Did you read udonjoe post #3

[pontious]

30 minutes ago, jackdd said:

This stamp doesn't say anything about being blacklisted,

But Section  12 says if you have been imprisoned you are excluded from entry into Thailand.

[lkv]

34 minutes ago, jackdd said:

so if you don't have any other stamp you are most likely not blacklisted.

I'd say there is a possibility he is blacklisted for a certain duration. Only blacklists derived from overstays show up in a passport as far as I know.

Edited June 23, 2019 by lkv

[tgeezer]

3 hours ago, pontious said:

But Section  12 says if you have been imprisoned you are excluded from entry into Thailand.

Precisely, not many people know that and there are probably many ex cons. who do not know that they should not be in Thailand.  Presumably they did not have to provide a Police Record. 

The stamp in the passport says “forbidden to enter under “ and gives a reference to the Immigration Act, a translation of which has already been posted in this thread. I would suppose that the OP is blacklisted. 

[balo]

THe easiest solution for you is to visit Cambodia and ask your wife/kid to see you as often as possible , or maybe relocate to Cambodia. You can forget Thailand. 

[kingstonkid]

The problem with Cambodia may be that once they see the Thai stamp they may refuse.  For the purpose of going to CAMBODIA ONLY I might suggest a new passport.

 

 

As to General vs Public I do not see a general classification a lot of others but nothing general.

 

Bottom line like the old saying goes if you can not pay the fine don't commit the crime.

 

Sorry for your luck but you may have t move the family to Cambodia or vietnam.

 

[bkkcanuck8]

Quote

I just wanted to know am I being blacklisted. I was charged for fraud.In-fact it is a general fraud it is not public fraud. But the stamp in my passport states that  " This person was prosecuted for public fraud.Sentenced to 1 year and 2 months.The case is final and is prohibited by section 12 (6) (7) of the immigration act.

Do you know which section of the Thai penal code you were charged under?  (section 341 - 348).

[Salerno]

22 minutes ago, kingstonkid said:

Sorry for your luck but you may have t move the family to Cambodia or vietnam.

I'm sorry for whoever he defrauded.

[jacko45k]

Just now, Salerno said:

I'm sorry for whoever he defrauded.

And the wife and 2 kids, presuming them to be Thai. 

[Crossy]

A post suggesting illegal action and the (sensible) replies to it has been removed.

 

Let's keep it legal people.

[wmlc]

Guys. Blacklisted is a completely different thing. In this case, he is not blacklisted. As Ubon Joe already said, the op will be refused entry on the basis of being convicted of a crime. Most countries will not allow entry to someone if they have been convicted of a serious crime, in this case, immigration consider this a serious crime and have noted in his passport and his immigration file that he is not aloud to enter Thailand based on this alone. There is very little any attorney can do for him other than appealing the decision. The financial resources for this would most likely be wasted as the expected outcome will most likely be the same. 

 

Make arrangements for your family to go to you instead with the money it would cost you. By the way, don’t even think about changing your name and getting a new passport. 

[holy cow cm]

13 hours ago, DrJack54 said:

OP was given sentence of over 1 yr jail

Not sure he said that he did jail time except saying 1 year 2 month sentence. If he did not do jail time then that is not the part for why is was blacklisted. You can be convicted of an offense and sentenced, but if your sentence is suspended for a couple of years being on probation, then you are still ok.

[holy cow cm]

But he did say it relates to section 12 (6) (7) where (6) is imprisoned, so he did get jail time, and (7) relates to more than likely a possible danger to the public, which is he scammed somebody. So in other words like UBJ posted the sections for, he is Blacklisted.

Edited June 24, 2019 by holy cow cm
not finished

[Isaanbiker]

2 hours ago, kingstonkid said:

The problem with Cambodia may be that once they see the Thai stamp they may refuse.  For the purpose of going to CAMBODIA ONLY I might suggest a new passport.

 

 

As to General vs Public I do not see a general classification a lot of others but nothing general.

 

Bottom line like the old saying goes if you can not pay the fine don't commit the crime.

 

Sorry for your luck but you may have t move the family to Cambodia or vietnam.

 

It's not as easy as you might think, moving the family to Cambodia. I think that my wife and son love me, but I'd have my doubts if they'd move to Cambodia for me. 

 

 

 

   Why not trying to take the family to the OP's country? A Thai family can't just move to Cambodia, leave friends and family in Thailand. 

 

 

  

 

 

[PerkinsCuthbert]

As stated above, the OP is certainly banned; the Thai text in the passport stamp that he provided reads, in part, "Case is now closed, (and he) is an individual who is banned (forbidden) according to ม.12 (6) (7) of (Immigration Act 2522 [1979]).

[Old Croc]

21 minutes ago, Isaanbiker said:

It's not as easy as you might think, moving the family to Cambodia. I think that my wife and son love me, but I'd have my doubts if they'd move to Cambodia for me. 

   Why not trying to take the family to the OP's country? A Thai family can't just move to Cambodia, leave friends and family in Thailand. 

Going by the arrival stamp in the passport pages he posted, he was deported to India.

Perhaps he could relocate his family there.

 

(although, he may live in a neighboring country as I note his user nik is Islamic in origin)