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Multi-year overstay - Asylum Seekers

ChiangMaiThai
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ChiangMaiThai Gold Member

ChiangMaiThai

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For a few years I have been helping a family of four (non-Thais) apply for asylum in Canada. 
It looks like their application will soon be approved. 
Since Thailand has no system to allow refugees to remain in the country legally while their case is being considered, of course they are all on a multi-year overstay. One of them has an expired passport and the home country seems unwilling/unable to provide a new passport. 

I am wondering if there are any special rules for asylum seekers when it comes time to pay the 20,000 Baht overstay fine? They don't have 80,000 Baht. Surely Thailand doesn't lock up and deport a person to whom the Canadian government has just granted asylum??

Also, unsure of the expired passport. 

Yes, would be great if I could just email the Canadian embassy, but it is a massive bureaucracy and there is no direct contact email/phone number for anyone dealing with such specific issues. 

Thank you for any info you may be able to provide!
 

Edited by ChiangMaiThai
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Srikcir Platinum Member

Srikcir

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14 hours ago, Maestro said:

The United Nations Refugee Center (UNHRC) has a branch office in Thailand. They will probably be able to help you with this.

 

https://www.unhcr.org/th/

UHRC cannot bypass or overrule Thailand's sovereignty that has the final authority on treatment of alleged asylum and refugee seekers.

 

Thailand makes no distinction between refugees or asylum seekers and other foreigners in the country illegally, facing arrest and/or deportation. Thailand has not ratified the UN's refugee convention.* 

 

There is the Thailand 2019 National Screening Mechanism with specific criteria for vetting applicants. But there are "unspecified Interior Ministry protocols" that would bar migrant workers from Cambodia, Laos or Myanmar from the program.*

 

Also, anyone who makes it through the screening could still be rejected for unspecified "national security" reasons and will have no right to know exactly why. An example of national security might be one's political behavior. * 

 

Thus, Thailand's judgement might be influenced by its international political relationships, especially with authoritarian regimes (?). The screening process might be a disguised method to identify foreign political dissisents whose acceptance might damage Thailand's foreign trade and security. 

 

* ref. www.voanews.com for Oct. 23, 2022.

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ChiangMaiThai Gold Member

ChiangMaiThai

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3 hours ago, Srikcir said:

UHRC cannot bypass or overrule Thailand's sovereignty that has the final authority on treatment of alleged asylum and refugee seekers.

 

Thailand makes no distinction between refugees or asylum seekers and other foreigners in the country illegally, facing arrest and/or deportation. Thailand has not ratified the UN's refugee convention.* 

 

There is the Thailand 2019 National Screening Mechanism with specific criteria for vetting applicants. But there are "unspecified Interior Ministry protocols" that would bar migrant workers from Cambodia, Laos or Myanmar from the program.*

 

Also, anyone who makes it through the screening could still be rejected for unspecified "national security" reasons and will have no right to know exactly why. An example of national security might be one's political behavior. * 

 

Thus, Thailand's judgement might be influenced by its international political relationships, especially with authoritarian regimes (?). The screening process might be a disguised method to identify foreign political dissisents whose acceptance might damage Thailand's foreign trade and security. 

 

* ref. www.voanews.com for Oct. 23, 2022.

I wouldn't expect any outside organization to bypass or overrule Thai law. I would expect there to be an arrangement (especially from developed nations) where the nation state pays the overstay fine of a person to whom they have just granted political asylum. That is logical. However, I am not sure this world operates on logic.

 

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ChiangMaiThai Gold Member

ChiangMaiThai

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1 hour ago, AustinRacing said:

Something sounds unusual. In Thailand for many years to seek asylum? 

Nothing unusual. There are currently thousands of people more or less hiding out in Bangkok and surroundings waiting years for asylum applications to be processed by third party countries. If they are caught they are sent to IDC where it is nearly impossible to continue the application process.

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Bingo66 Advanced Member

Bingo66

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I knew of a Syrian family who got caught in Nana, he eventually got caught and grabnted Asylum in turkey ... They were detained untill someone could help pay the bill, best bet is "ending up by magic" into Cambodia or Myanamir.

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BritTim Diamond Member

BritTim

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On 4/18/2023 at 10:18 AM, AustinRacing said:

Something sounds unusual. In Thailand for many years to seek asylum? 

That is just how long asylum cases take. While Thailand will mostly not send people back to their deaths, they only allow them to stay in Thailand in a kind of legal limbo. There are hundreds (probably thousands) of Rohingya (and others with a similar status) in Thailand.

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proton Ruby Member

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On 4/18/2023 at 11:49 AM, ChiangMaiThai said:

Nothing unusual. There are currently thousands of people more or less hiding out in Bangkok and surroundings waiting years for asylum applications to be processed by third party countries. If they are caught they are sent to IDC where it is nearly impossible to continue the application process.

why do they come here as they can only stay a short time and the country does not fall for asylum cases, why not go to a country wich does in the first place?

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BritTim Diamond Member

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15 minutes ago, proton said:

why do they come here as they can only stay a short time and the country does not fall for asylum cases, why not go to a country wich does in the first place?

Is this s real question? families with around 150 baht in savings who are fleeing a village just set alight by the Burmese military find it pretty hard to travel to an international airport and board a flight to New York.

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proton Ruby Member

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56 minutes ago, BritTim said:

Is this s real question? families with around 150 baht in savings who are fleeing a village just set alight by the Burmese military find it pretty hard to travel to an international airport and board a flight to New York.

well you never gave that information when you started the thread, you just said non Thais, nor did you mention the megre funds

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BritTim Diamond Member

BritTim

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1 hour ago, proton said:

well you never gave that information when you started the thread, you just said non Thais, nor did you mention the megre funds

I assumed that those contributing to this thread would familiarise themselves with the nature of typical asylum seekers escaping to Asian countries. Obviously, a Russian journalist, for instance, from an affluent family has many more options, but people of that kind are not fleeing to Thailand to request asylum in Canada.

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ChiangMaiThai Gold Member

ChiangMaiThai

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12 hours ago, proton said:

well you never gave that information when you started the thread, you just said non Thais, nor did you mention the megre funds

They don't have 20,000 Baht each for overstay. That should make clear their financial situation. And it seems like the majority of people are blind/indifferent to the reality of life for many - maybe most - people in the world.

You escape your home country under threat of imminent death for your opinions. You were able to scrounge together enough money for a ticket to Thailand. You then overstay your visa and spend the next 3-4 years living on 6,000 Baht a month or so usually donated by churches. You can't work and if you're caught by immigration police, you're sent to IDC where it is near impossible to complete an asylum application, which requires a full monitor, scanner, printer, Acrobat Pro, Word etc. 

At the end of it all, you are one of the lucky ones who is accepted into a Western country with a chance at a new life. Thailand says "cool, give us 80,000 Baht or you all go to prison."

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Srikcir Platinum Member

Srikcir

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On 4/19/2023 at 7:24 PM, BritTim said:

That is just how long asylum cases take. While Thailand will mostly not send people back to their deaths, they only allow them to stay in Thailand in a kind of legal limbo. There are hundreds (probably thousands) of Rohingya (and others with a similar status) in Thailand.

Note:

"Despite risk of death, Thailand sends Myanmar refugees back"

April 8, 2022

https://apnews.com/article

"Mostly" is not very satisfying regarding a refugee's safety.

 

 

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BritTim Diamond Member

BritTim

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4 hours ago, Srikcir said:

Note:

"Despite risk of death, Thailand sends Myanmar refugees back"

April 8, 2022

https://apnews.com/article

"Mostly" is not very satisfying regarding a refugee's safety.

Thailand's treatment of refugees is shameful. The extreme cases much worse than shameful. The article you cite does not even represent the worst abuses. It has been known for refugees to be kidnapped by officials and sold into slavery.

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Pink Mist Star Member

Pink Mist

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A Flame troll post has been removed. Repost a third time and you will be suspended from posting

 

 

9. You will not post disruptive or inflammatory messages. You will respect other members and post in a civil manner. Personal attacks, insults or hate speech posted on the forum or sent by private message are not allowed.

 

10. You will not post troll messages. Trolling is the act of purposefully antagonizing forum members by posting controversial, inflammatory, irrelevant or off-topic messages with the primary intent of provoking other members into an emotional response or to generally disrupt normal on-topic discussion.

 

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