The New Rules For People Married To A Thai National. Are They Fair?

[Mario2008]

I read the article as saying that the director general is te one who will issue the permision to stay, not that he will make the rules.

An ambiguous translation, possibly, but let's not go down the road of questioning the authority of the Director General of the Police Department to sign the Police Order with the extension rules.

I think the authorithy does not come from art. 34 and 35, but from art. 5.

[ubonjoe]

The Director General would be a very busy man if he had to deal with all applications for extension personally. This is done by his minions, in the Immigration Act referred to as "the competent official deputized by the Director General", and don't take the singular form of "official" in the English translation literally.

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Maestro

Today yes.

But 30 years ago when the act was written?

How many immigration offices do you think they were then or even border crossings?

I would guress that about half the ministerial regulations are work arounds for an outdated act.

It's possible some of the regulations and orders could be interpreted to be outside the act.

There are several parts of the act that are not enforced because they are so outdated.

For example. Can you imagine any attempt to enforce these from section 37.

2. Shall stay at the place as indicated to the competent official. Where there is proper reason that he cannot stay at the place as indicated to the competent official, he shall notify the competent official of the change in residence , within 24 hours from the time of removing to said place.

3. Shall notify the police official of the local police station where such alien resides, within twenty-four hours from the time of arrival. In the case of change in residence in which new residence is not located the same area with the former police stations , such alien must notify the police official of the police station for that area within twenty – four hours from the time of arrival.

4. If the alien travels to any province and will stay there longer than twenty – four hours , such alien must notify the police official of the police station for that area within forty – eight hours from the time of arrival.

IMHO the way things are done now it makes everything subject to the whim of one person without higher approval. At the stroke of pen they could wipe out everything that falls under Section 34 number 15 and it wouldn't even need cabnet approval.

[Mario2008]

I think the authorithy does not come from art. 34 and 35, but from art. 5.

Of course the power to delegate his authority to give a permisison to stay means that he can issue rules on how his minnions should deal with request for a permision to stay.