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Is it possible to appeal an entry ban (blacklist) due to overstay?


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6 hours ago, darrendsd said:

 

1 : No I don't buy into the Thai = bad philosophy but it would appear that you read my post as that. do I care? Not really

 

2 : I said most, in case you are unsure most does not mean all, I suggest you use your dictionary again

 

 

 

 

Geez, you just need to have the last word, so reply and have it. Also, most means "more than xxx", which implies that most of the time you have no idea what you are talking about but love to see your words of "wisdom" on your screen.

Go on, have that last word...

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9 minutes ago, hobobo said:

Geez, you just need to have the last word, so reply and have it. Also, most means "more than xxx", which implies that most of the time you have no idea what you are talking about but love to see your words of "wisdom" on your screen.

Go on, have that last word...

 

Word

 

 

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15 hours ago, WaffleIron said:

Does anyone know if it is possible to appeal an entry ban from abroad, and if so, how? I mean, I can wait out the three years if needed, but if there's just a chance for me to be allowed back into Thailand, where my friends are, I'd sure like to take it.

IMO you've absolutely no chance of a successful appeal. If you had a family it might be worth a try, but you won't get any sympathy for overstaying because of a bad back, no money and depression. If you are were physically unable to travel then you could have applied for a medical extension. If you were physically up to traveling then they expect you to leave. Don't waste your money on lawyers.

 

 

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8 hours ago, darrendsd said:

No I am pointing out that there is no permanent ban listed for overstay so how can the OP count his blessings for not receiving something that doesn't exist according to the overstay rules?

He should count his blessings that he wasn't caught during his overstay and only received a 3 year ban. Anyone prosecuted and deported for overstay can be denied entry for life in addition to any short term ban!

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On what grounds would you appeal?

You overstayed, you got the penalty according to the law.

Or is the appeal "Thai style", and nothing to do with rules, and more to do with everyone believing they are a special case, especially with a brown fat envelope sneaking it's way under the table?

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8 hours ago, elviajero said:

He should count his blessings that he wasn't caught during his overstay and only received a 3 year ban. Anyone prosecuted and deported for overstay can be denied entry for life in addition to any short term ban!

 

Read the rest of my posts and read the official punishments stated for overstay, just to help you there is no lifetime ban stated for any length of overstay if you are caught or not caught

 

The OP was not caught so why bring up something that is irrelevant in his case?

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1 hour ago, BlindMagician said:

You overstayed, you got the penalty according to the law.

There is no banning penalty under the law. The law is the immigration act and it only mentions a maximum fine of 20k baht.

The banning penalty is under a ministers order which IMO might be overturned if challenged.

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59 minutes ago, ubonjoe said:

There is no banning penalty under the law. The law is the immigration act and it only mentions a maximum fine of 20k baht.

The banning penalty is under a ministers order which IMO might be overturned if challenged.

Wrong.

http://overstay.immigration.go.th/advice.html

People just love to make things up, Trumpesq.

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1 minute ago, BlindMagician said:

Wrong.

http://overstay.immigration.go.th/advice.html

People just love to make things up, Trumpesq.

First line of the link you posted.

 

Quote

According to Ministry of Interior’s Order 1/2558 Regarding Classes of Aliens Ineligible for Admission to the Kingdom of Thailand

 

That is not a law. The immigration act of 1979 is the only law. Immigration Act 2522 en - immigration.pdf

 

Quote

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

 

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I think some people don't know how this works.

A Law is passed.

Then Rules and Regulations are promulgated under that Act, forming the body of Law on that subject.

 

Distinguishing between the various components as some being "Law" and some not is being pedantic.

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I don't think you understand how Thai courts and law work. Best of luck overturning what they say is the law, especially with a military gov.

 

My other point also stands. People who offend, then whinge. Also a bit Trumpesq.

 

Have a good day.

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The relatively recent imposition of black list penalties for overstay are a whole new animal.

 

I agree with Joe you can appeal but it is not going to be easy or cheap and there must be a genuine basis to appeal or it will get thrown out!

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20 minutes ago, Evilbaz said:

I think some people don't know how this works.

A Law is passed.

Then Rules and Regulations are promulgated under that Act, forming the body of Law on that subject.

 

Distinguishing between the various components as some being "Law" and some not is being pedantic.

Rules and regulation are used define the requirements under the law. They are not normally used to create a punishment under the law.

Here there are ministerial regulations that are written and then approved by the cabinet.

The order for banning is outside the normal way things are done.

Banning before was only done before for a serious criminal offense under certain acts and was done after a person was found guilty of a crime by a court.

 

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Thanks to the people who replied to this thread!


As a side note, just in case someone who is currently on overstay wanders into this thread, my advice would be to exit via Suvarnabhumi, not Don Muang if possible. Based on what the Immigration officer told me and what I saw (two Asian gentlemen also received a ban for shorter overstays while I was in the Immigration office there), being put on the blacklist is pretty much automatic at Don Muang. Based on what I've heard, it's not always the case at Suvarnabhumi.

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5 minutes ago, ubonjoe said:

Rules and regulation are used define the requirements under the law. They are not normally used to create a punishment under the law.

Here there are ministerial regulations that are written and then approved by the cabinet.

The order for banning is outside the normal way things are done.

Banning before was only done before for a serious criminal offense under certain acts and was done after a person was found guilty of a crime by a court.

 

 

Whatever.

I disagree. Regulations are often used as the method of setting penalties.

 

Regardless, this power has been given to Immigration Officers and is being legally enforced by them.

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6 hours ago, ubonjoe said:

Rules and regulation are used define the requirements under the law. They are not normally used to create a punishment under the law.

Here there are ministerial regulations that are written and then approved by the cabinet.

The order for banning is outside the normal way things are done.

Banning before was only done before for a serious criminal offense under certain acts and was done after a person was found guilty of a crime by a court.

 

He still doesn't get it.

Go argue the case based on your interpretation and your view on the legal system, which is not the Thai view of their legal system, and see how far you get.

Let's recap...

Falang who clearly broke the rules, with no connection, and has to resort to TVF for legal advice..

 

Versus

 

Minister, military gov, judicial system without separation, face saving, strict environment given various circumstances,

 

...yep...very one sided.

 

Argue as much as you like, but staying firmly fixed in your mindset is not going to win you anything, unfortunately, TIT.

 

Meanwhile, I'm looking forward to a family dinner with a family friend and her husband who happens to be a judge. So what do I know.

 

But, I concede, stranger things have happened, so best of luck.

 

 

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