The Immigration Act, 1979

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For the benefits of all who are interested. Hope it clears up some doubts. And ... it will stir up more doubts, no doubts ...

http://www.gmorning.info/thai_law_and_you_02.htm

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THE IMMIGRATION ACT, 1979

Following our exclusive report last month on the proposed changes of financial qualifications for 1 year visa applicants, Lt-Col. Banpote Kittiweera of Chiangmai Immigration Police has asked us to print these extracts from the existing laws covering foreigners in Thailand.

Chapter 2

Section 11: Persons entering into or departing the Kingdom must enter and leave by way of Immigration check points, designated landings, stations or areas and in accordance to the prescribed time as published in the Government Gazette by the Minister.

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

1. Having no genuine and valid passport or document used in lieu

of passport; or having a genuine and valid passport or document used in lieu of a passport without visaing by the Royal Thai Embassies or Consulates in Foreign countries; or from the Ministry of Foreign Affairs excepting if a visa is not re quired for certain types of aliens in special instances. Visaing and visa exemption will be under the terms and conditions as provided in the Ministerial Regulations.

2. Having no appropriate means of living following entrance into the Kingdom.

3. Having entered into the Kingdom to take occupation as a labourer or to take employment by using physical energy without skills or training, or to work in violation of the Alien Work Permit Law.

4. Being mentally unstable or having any of the diseases as

prescribed in the Ministerial Regulations.

5. Having not yet been vaccinated against smallpox or inoculated or undergone any other medial treatment for protection against disease and having refused to have such vaccinations administered by the Immigration Doctor.

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 for petty offence or negligence or is provided for as an exception in the Ministerial regulations.

7. Having behaviour which would indicate 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.

8. Reason to believe that entrance into the Kingdom was for the purpose of being involved in prostitution, the trading of women and children, drug smuggling, or other types of smuggling which are contrary to the public morality.

9. Having no money or bond as prescribed by the Minister under Section 14.

10. Being a person prohibited by the Minister under Section 16.

11. Being deported by either the Government of Thailand, or that of other foreign countries, or the right of stay in the Kingdom or in foreign countries having been revoked, or having been sent out of the Kingdom by competent officials at the expense of the Government of Thailand unless the Minister shall consider exemption on an individual special case basis.

The examination and diagnosis of disease of a physical ormental

nature, including protective operations as against disease, shall

be conducted by the Immigration Doctor.

Section 16: In the instance where for reason of national welfare or safeguarding the public peace, culture, morality or welfare, or when the Minister considers it improper to allow any alien or any group of aliens to enter into the Kingdom, the Minister shall have power to exclude said alien or group of aliens from entering into the Kingdom.

Section 18: The competent official shall have the power to inspect persons entering into or leaving the Kingdom. In light of this provision, persons entering into or departing from the Kingdom must submit a list of items as prescribed in the Ministerial Regulations, and must be inspected and approved by the competent official assigned to the Immigration check point.

Chapter 4

Section 36: Where there is a proper reason, the Director General or the Immigration Commission shall have power to revoke permission previously authorised the alien to stay temporary in the Kingdom, whether or not the Director General, or the official deputised by the Director General, has granted such permission.

In the case the Director General has ordered permission to be revoked, the alien whose permission has been revoked may appeal such orders to the Immigration Commission. Order of the Immigration Commission will be final. The appeal of the Director General’s order under paragraph 2 of this Section shall be submitted to the competent official within 48 hours from the time of acknowledgement of such order from the Director General and must be complied with form and fees as prescribed in the Ministerial Regulations.

After cancellation of the temporary entry permit, in reference to then provision of Paragraph 1 of this Section, the alien must be notified by a written notice. In the case a written notice cannot be sent to the alien, yet the competent official has post a notice to the alien’s place of stay, as previously notified, and 48 hours have passed, it is assumed that the alien has received said notice.

Chapter 6

Section 58: Any alien who has no lawful document for entering the Kingdom under Section 12 (1), or has no Residence Certificate under this Act, and also has no identification in accordance with the Law on Alien Registration, is considered to have entered into the Kingdom in violation to this Act.

For verbal advice and clarification of the existing laws - or the 2004 proposals, visit Chiangmai Immigration Police, ideally Tuesdays to Thursdays. If you want to criticise the 2004 proposals, write to:

The Commissioner for Immigration, Immigration Office, Soi Suanplu, Thanon Satorntai, Bangkok 10121.

Chapter 8: PENALTY

Section 63: Whoever brings or takes an alien into the Kingdom or does anything which helps, assists or facilitates an alien in making an entry into the kingdom in contravention of this Act, shall be punished by imprisonment not exceeding 10 years and a fine not exceeding 100,000 baht.

When any owner or person in charge of a conveyance who fails to comply with the provision of Section 23, and the conveyance carried the aliens entering into the Kingdom in contravention of this Act, it is first presumed the owner or person in charge of the conveyance has committed an offence under Para.1 of this Section unless it can be proved that the owner or person in charge was unable to know of the presence of said aliens in the conveyance, even though proper caution was exercised.

Section 64: Whosoever knows of any alien entering into the

Kingdom in contravention of this Act, and harbours, hides or in any manner assists said alien to evade arrest, shall be punished by imprisonment not exceeding 5 years and a fine not exceeding 50,000 baht.

Whoever knows an alien entering into the Kingdom in contravention of this Act, to stay with him, it is first presumed that said person is aware that the alien concerned entered into the Kingdom in contravention of this Act, unless it can be proved that he does not know, even though proper caution has been exercised.

If the act committed under Para 1 of this Section is done in order to assist his father, mother, child, husband or wife, the offender may not necessarily be punished by the Court.

Section 81: Any alien who stays in the Kingdom without permission or with permission expired or revoked shall be punished with imprisonment not exceeding 2 years or a fine not exceeding 20,000 baht or both.