Question about blacklist

[protesta]

Ok, so the short story is i've been arrested and accused in Thailand of drugs trafficking, been sent to jail for a month, then released on bail to wait the final decision of the court, and a month later the court confirmed the charges against me and effectively convicted me of drugs trafficking.

dont ask me how but the court only made me pay a fine and gave me two years probation ( meaning if i get caught again for anything in this two years time i will get it big time ) and i was free to go without being deported. a week or two later i left thailand and payed the overstay like anyone else without any problem.

i want to make it clear that i was NOT deported, even so i was convicted i went out of the court free and could leave the country by my own means, just had to pay for the overstay and the immigration didnt put anything in my passport to say i was blacklisted.

it is now 6 months later, and on my arrival i was notified that i am on blacklist, and could not enter the kingdom for another 99 years, i tried to explain that i wasnt deported. but they told me that they had to put me on blacklist because of a request coming from the US . im also not allow to travel to Australia, New Zealand and of course USA. when leaving, the immigration put on my passport the stamp for blacklisting.

now my question is .. what the f... is the US doing in this ? i was convicted in thailand, did my time, paid the fine, cleared everything. that thailand dont want me anymore and put me on their blacklist i would totally understand that, what i dont understand is why do i get blacklisted in US, NZ and australia as well ? i ve never been to any of those countries before and also never had any other criminal conviction before in my whole life.

is there any way to fight this ? has anyone been in the same situation before ?

[NewlyMintedThai]

A conviction on drug trafficking offenses will see you banned from the US, regardless of where the offense took place.

Sent from my iPhone using ThaiVisa app

[ThaidDown]

Japan, if they know about your drug conviction, will also prohibit entry.

Probably plenty more countries, again, if they know.

They do not want convicted drug dealers in their countries, they probably have plenty of home grown ones to worry about.

[ubonjoe]

Same for a lot of other countries.

[Ginkas]

I think the charge "Drug Trafficking" is the reason for all of this.

Possession/User of Drugs is a lesser offence and will not raise red flags for the US and other countries.

Why drug trafficking? Was it the quantity of the substance(s) or the fact you were transporting it from one country to another that caused that particular charge to be raised?

[protesta]

i thought u had to do a certain time in jail before they actually consider blacklisting you ? i stayed not even a month and was released without a jail sentence.. seems pretty harsh to me that now i can't travel to some countries just because of something that small

[protesta]

I think the charge "Drug Trafficking" is the reason for all of this.

Possession/User of Drugs is a lesser offence and will not raise red flags for the US and other countries.

Why drug trafficking? Was it the quantity of the substance(s) or the fact you were transporting it from one country to another that caused that particular charge to be raised?

in Thailand any amount of drug they find on you and is over 0.7g automatically get you charged with drug trafficking, except for marijuana. and no i wasnt crossing any border, i was arrested inside the country.

[transam]

Go figure. You are a threat. Stay at home and peddle. Let your own country keep an eye on you.

Edited December 1, 2013 by transam

[slipperylobster]

They do this with drug dealers and child molesters.....don't matter what if...

[Sceptict11]

Most countries deplore drug dealers / traffickers . Guess the OP was lucky .

But his world has just got a a lot smaller.

Good

[protesta]

ok thx for the input guys..

[NewlyMintedThai]

I understand that blacklisting from Thailand occurs when you are convicted of an offense that carries a maximum sentence of over one year -- regardless of your actual sentence.

As always, though, I could be wrong.

Sent from my iPhone using ThaiVisa app

[paz]

I think you have been told BS about the blacklisting request coming from abroad. It is actually an automatic process also applied for much lesser offenses.

Edited December 1, 2013 by paz

[Maestro]

It looks like Thailand and some other countries link the US blacklist to their own computers and therefore anybody entered on the US list gets automatically added to the Thai blacklist.

There was a recent topic here about a national of New Zealand who had a conviction in Australia and as a result was banned from entering Thailand.

Can you fight it? There appears to be a procedure for applying for removal from the Thai blacklist but it is doubtful that you can achieve it on your own and you would need to go through a "facilitator", which could be a lawyer or any other person with experience and a proven track record in this field.

[ubonjoe]

An appeal for being declared persona non grata can be started by filing it with immigration for a fee of 1900 baht.

[paz]

An appeal for being declared persona non grata can be started by filing it with immigration for a fee of 1900 baht.

Yeah perhaps while sitting in IDC ?

And on which grounds? The OP has none.

Edited December 1, 2013 by paz

[ubonjoe]

He apparently is not here so no IDC. He would have to arrange for somebody to represent him to do it. There might be some grounds to appeal but have no idea what they might be.

[NewlyMintedThai]

Familial ties, usually.

Sent from my iPhone using ThaiVisa app

[vtjforyou]

So the truth is that you have been f... by the ones who helped you to avoid jail in Thailand, you have been blacklisted behind your back !

But you have already been over lucky and should not ask anything else for 99 years...

[IBoldnewguy]

i thought u had to do a certain time in jail before they actually consider blacklisting you ? i stayed not even a month and was released without a jail sentence.. seems pretty harsh to me that now i can't travel to some countries just because of something that small

The smallness of the offense is in your mind. They don't pass nor enforce these laws because they consider them small crimes. Just because you didn't consider the consequences (not a rational move for any action) didn't mean there wouldn't be any. Regardless, even small offenses can be deadly (such as jaywalking).

If you had not been caught and penalized you might be bragging to your buddies about what a slick dude you are. Regardless, you engaged in an illegal activity and now are complaining about being the victim... It would be hilarious if it were not so pathetic... I would suggest you adjust your perspective... It's time to grow up and be a big boy...

[Maestro]

Removed a troll post.

[NeverSure]

i thought u had to do a certain time in jail before they actually consider blacklisting you ? i stayed not even a month and was released without a jail sentence.. seems pretty harsh to me that now i can't travel to some countries just because of something that small

Glad to see you have repented and understand, and are sorry for your crime. Not.

[mickjn]

Were you accused of drug trafficking and sent to jail for a month or were you charged with drug trafficking and sent to jail for a month ????

[Arkady]

My understanding is that the 1979 Immigration Act provides for refusal of entry under Section 12 for those imprisoned by order of a Thai court or persons who are believed to be seeking entry to the Kingdom for the purpose of drug smuggling. You were not imprisoned by order of the court but your previous conviction can be used to justify blacklisting under the latter provision. There is a limited appeal process allowed against deportation but unfortunately the provision against drug smuggling is not one of the reasons that the law allows you to appeal against. Please check out the Immigration Act. There are many translations online.

Re blacklisting by other countries. I have no idea of their laws but there is nothing to stop Thailand from sharing information about drug smugglers convicted by its courts and those countries are free to apply their own laws in blacklisting them or not. I think the smuggling conviction is indeed your problem. Others seems to have been able to return to Thailand after possession convictions that didn't earn prison sentences and were not blacklisted elsewhere. There is a lot of discretion here and similar cases may not be treated equally.

[Gone]

1) When you go to other countries and get into illegal activities it is your own fault and in many countries you would have been sentenced to death with no trial so you are lucky

2) My lawyer has worked a few "un-black-list" cases and they are generally around 10,000,000 THB so one would really want to be here for some reason to pay that much and even then it is not guarranteed.

3) There is NO criteria for being black-listed in Thailand. If they want you out you are out and if they want us out for good then we are out for good. We are all just tourists here unless you have taken up citizenship.

4) Many countries have treaties with Thailand so being convicted in one country can also get you black-listed from all countries covered under that treaty.

All in all, I must say that you have some cheek posting in ThaiVisa complaining after you have just commited a crime that is punishable by death in surrounding countries. Have a beer and count your blessings.

[undercover]

Something that small ? Drug trafficking.

[john1000]

You have done something that is seen, and acted upon in the interests of the citizens of the country in which you would like to reside.

We all do things that are wrong in life, but child sex, drugs etc.( quite rightly) carry big consequences. Pay the piper!!

[ubonjoe]

Off topic posts removed.

[protesta]

i thought u had to do a certain time in jail before they actually consider blacklisting you ? i stayed not even a month and was released without a jail sentence.. seems pretty harsh to me that now i can't travel to some countries just because of something that small

The smallness of the offense is in your mind. They don't pass nor enforce these laws because they consider them small crimes. Just because you didn't consider the consequences (not a rational move for any action) didn't mean there wouldn't be any. Regardless, even small offenses can be deadly (such as jaywalking).

If you had not been caught and penalized you might be bragging to your buddies about what a slick dude you are. Regardless, you engaged in an illegal activity and now are complaining about being the victim... It would be hilarious if it were not so pathetic... I would suggest you adjust your perspective... It's time to grow up and be a big boy...

talking about being a big boy hm? I DO assume the consequences of my actions and i didnt come here to complain but to try to understand my problem and see if anyone could have some informations that might help me in this case, since im now trying to solve this issue with thai authorities. So really, i dont see the point of your comment, it's pointless and quite franckly, if you wanted to look smart, you failed big time. So if u dont have any REAL input that might actually help me one way or another then please move on.

Im sure there is a peanut butter section where u can have fun and comment your own personal opinion on subjects on which u seem to be an expert.

anyway, since u seem to have difficulties to understand the subject i will repeat one more time just for you : I WAS NOT blacklisted when i left the country and when i asked the immigration before leaving, all seemed fine if i ever wanted to return in Thailand. To my surprise i wasnt allowed in when i landed in bangkok a few weeks ago and here we are now. Ive never said i was proud of what ive done even so the conviction DO NOT reflect the truth as i've NEVER been dealing drugs but was arrested with a quantity enough to convict me without proof ( which is 0.7g in thailand ).so sharing with us your own personal opinion on wether drugs are good or bad, honestly, i couldn"t care less.

[Rumblecat]

I guess the people to speak to would be back home in the US- whoever it is that has the power to blacklist you. I don't know who that would be as I'm not American, but that would seem the obvious route. Hire a lawyer, make enquiries.