if refused entry

[AndrewStannard]

if refused entry at Bkk airport do you have right of appeal?-can you stay 7 days whilst they look at it?

can you be held in detention centre whilst they look at appeal?

[edwardandtubs]

If you were claiming to be a tourist, what sort of tourist would want to stay in detention for 7 days rather than just change plans and go to a nearby country? So you'd be contradicting your own assertion by asking to do that.

[BritTim]

Technically, you do have right of appeal. You will be held in detention (which I believe you also need to pay for) while your appeal is considered. As @edwardandtubs intimated, you would need a pretty compelling reason (perhaps, family in Thailand) before you would go ahead. If the appeal fails, I would say you have made your chances of entering later a great deal worse.

[elviajero]

Whether or not you can appeal depends on the reason for being denied entry. 

 

They have a maximum of 7 days to process the appeal.

 

Depends, but you would most likely be held at the airport.

[mstevens]

What I would like to know is who is the appeal held before, what is the process and does anyone have any experience i.e. is there anyone who can say that they have been through the process and the appeal ruling found in their favour (and as such they were allowed to enter the country where previously they had been refused).  I really more info is required on just what is involved to know whether this is something one should seriously consider pursuing or otherwise if they are refused entry.

[BritTim]

25 minutes ago, mstevens said:

What I would like to know is who is the appeal held before, what is the process and does anyone have any experience i.e. is there anyone who can say that they have been through the process and the appeal ruling found in their favour (and as such they were allowed to enter the country where previously they had been refused).  I really more info is required on just what is involved to know whether this is something one should seriously consider pursuing or otherwise if they are refused entry.

The Immigration Act specifies that the appeal is made to the Minister (presumably in writing) within 48 hours of the time the "alien" is informed in writing that they are denied entry. There is a fee to be paid when submitting the appeal. Your deportation is stayed while the appeal proceeds. You can expect to be held at the airport while your appeal is considered. If the Minister does not confirm the denial of entry within 7 days, it is assumed that you are free to enter.

In practice, appeals are extremely rare, and I doubt anyone here can give you a reliable assessment on the chances of success.

[ubonjoe]

A appeal can be made by submitting this form http://www.immigration.go.th/nov2004/download/form_tm11.pdf and paying a 1900 baht fee. They have to give you an answer within 7 days. Those 7 days would be spent in detention.

[DGS1244]

Sounds like you already have a possible problem and are trying to get around this system. Sort out before you come, even if  you won an appeal your life at immigration in the future would be very difficult, they do not forget or forgive wrongdoers easily.

 

[little mary sunshine]

Yes you can appeal.....probability of

winning appeal 0.  

[Raymonddiaz]

2 hours ago, DGS1244 said:

Sounds like you already have a possible problem and are trying to get around this system. Sort out before you come, even if  you won an appeal your life at immigration in the future would be very difficult, they do not forget or forgive wrongdoers easily.

 

there's nothing wrong to appeal if you think they have been unfair to you. In fact it's a good thing to do.

[Evilbaz]

2 hours ago, DGS1244 said:

Sounds like you already have a possible problem and are trying to get around this system. Sort out before you come, even if  you won an appeal your life at immigration in the future would be very difficult, they do not forget or forgive wrongdoers easily.

 

If your appeal is allowed you are not a "wrongdoer".

The process is long, boring, expensive (you pay for food etc) and not certain.

Would you have the necessary supporting documents for the appeal?

[natway09]

Do we not have the cart well in front of the horse here.

Why would you be refused entry ?

They even let the Russian Mafia in

Done something really bad or a real "newbie"

[JackThompson]

While not an "appealing" option from my POV, it would be tempting, in the case of an IO who was clearly in the wrong.  I am thinking of cases where they claim the alien "had insufficient funds" after they showed said funds or were not asked to show them, then were told by the next IO, "Sorry, it's too late, nothing can be done now."  Well, something can be done, and this is it.  Because no one wants to endure the process (understandably - I am not volunteering to do so), is precisely why the incorrect-rejections for entry continue.

 

OTOH, do you get to send in an attorney, briefs, etc?  Is there a formal hearing where you can make your case?  Is there a written review/explanation for a denial of the appeal based on evidence? 

 

And, as others have noted, you may be listed as a "troublemaker" for life, thereafter - so it might be the last time you ever wanted to visit. 

[Suradit69]

40 minutes ago, JackThompson said:

I am thinking of cases where they claim the alien "had insufficient funds" after they showed said funds or were not asked to show them, then were told by the next IO, "Sorry, it's too late, nothing can be done now." 

"I am thinking of cases ..."

Pretty sure you mean that you're imagining things and even supplying mythical dialogue in an attempt to make it sound real.

13 hours ago, AndrewStannard said:

if refused entry at Bkk airport do you have right of appeal

Assuming you haven't actually been refused entry (in possession of a visa or attempting a visa exempt entry), I wonder why you would be worried about being refused.

[JackThompson]

 

For a quick bit of humor / flashback ... To be fair - some refusals are legally justified:
https://www.thaivisa.com/forum/topic/894072-brit-refused-entry-to-thailand-after-ripping-out-passport-pages-to-use-as-toilet-paper/

 

1 hour ago, Suradit69 said:

"I am thinking of cases ..."

Pretty sure you mean that you're imagining things and even supplying mythical dialogue in an attempt to make it sound real.

Assuming you haven't actually been refused entry (in possession of a visa or attempting a visa exempt entry), I wonder why you would be worried about being refused.

I have not been refused entry, but am, in fact, "worried about being refused" in the future, due to reports of those who were - and without cause - and often accompanied by unprofessional behavior and remarks which would indicate the refusal was not based on the 2 legal criteria - "Too Poor" or "Works Illegally"

Your responses would indicate you do not believe this is happening - yet you have commented on some of the posts I linked to below.  There have been several cases reported here where a person was denied for "not having funds" who had the funds in their possession.  Many more where the funds were mere steps away at an ATM.

I have not read all the replies under each of these below (again), so some of these may not have had the required, old-fashioned "cash in hand" - but many did.  Who knows how many more that were never reported here - and most which were posted here, I have not found/listed.

 

2014:
https://www.thaivisa.com/forum/topic/743437-furious-refused-entry-at-suvarnabhumi-airport/

https://www.thaivisa.com/forum/topic/760825-rejected-at-the-airport-with-a-valid-visa/

(a valid ed-visa with re-entry permit - you called an "isolated incident" ...)

https://www.thaivisa.com/forum/topic/780216-just-got-kicked-out-of-thai-with-valid-visa/

(another ED with re-entry permit)
https://www.thaivisa.com/forum/topic/744129-denied-entry-at-krabi-airport/

https://www.thaivisa.com/forum/topic/765275-immigration-at-suvarnaphumi-refused-to-give-visa-on-arrival/

... There are so many in 2014 - but this sampling is enough

 

2015:

https://www.thaivisa.com/forum/topic/852826-refused-entry-at-bangkok-immigration/

https://www.thaivisa.com/forum/topic/813118-denied-entry-back-into-thailand-at-poi-pet/

2016:
https://www.thaivisa.com/forum/topic/929428-refused-entry-yesterday-at-the-border-if-i-fly-in-would-i-get-the-30-days/

(...had not even been back in Thailand for about 16 Months)

I cannot find the post of the case of the Turkish student, had a pile of cash (Euros), but the IO saw an old ED visa and denied him Visa-Exempt, even though he had been out of the country for months.  He made the mistake of being honest - saying he intended to get another ED visa and continue his studies, which he interrupted when his mother died, and he had to return home for her funeral.  Reason for refusal was, "Didn't have the money."

 

2017:

https://www.thaivisa.com/forum/topic/977875-immigration-officer-refused-entry-at-bangkok-airport/

https://www.thaivisa.com/forum/topic/978329-denied-entry-tr-at-suvarnabhumi-no-stamp-options/

 

Edited April 18, 2017 by JackThompson

[Maestro]

Removed an off-topic post.