Thailand Introduces New Deportation Rules for Foreigners Who Commit Offenses

Thailand Introduces New Deportation Rules for Foreigners Who Commit Offenses

The Royal Gazette has published the “Prime Minister’s Office Regulation on Deportation, B.E. 2569 (2026),” signed by Prime Minister Anutin Charnvirakul on August 26, 2026, and effective from August 28. The regulation aims to clarify and streamline deportation procedures while improving the efficiency of government agencies in maintaining public order, morality, and national security.

Under the new regulation, foreigners whose behavior or conduct is deemed contrary to public order, morality, or the well-being of society may be proposed to the Minister of Interior for deportation. The Permanent Secretary of the Ministry of Interior, or an authorized representative, is responsible for submitting relevant information to the minister, including cases involving individuals who use, assist, or support such conduct.

The regulation applies to several categories of foreign nationals, including those who entered or remained in Thailand illegally; engaged in unauthorized employment or business activities; forged or used forged official documents; or committed offenses punishable by imprisonment of five years or more. It also covers individuals who acted as principals, instigators, or supporters of such offenses.

In cases involving a foreign national who has been sentenced to death and subsequently released from prison, the Minister of Interior has the authority to issue a deportation order. The Department of Corrections must notify the Permanent Secretary of the Ministry of Interior of the individual’s nationality, case details, and other relevant information at least 50 days before the scheduled release to allow the deportation process to be initiated.

If a court has sentenced a foreign national to imprisonment but suspended the sentence, or imposed a fine instead, the Office of the Judiciary must promptly notify the Ministry of Interior for consideration and further action.

Any deportation order must take into account applicable laws and regulations, Cabinet resolutions, and Thailand’s obligations under international law.

As a general rule, deported foreigners will be returned to their country of nationality. If their nationality cannot be established, they may instead be returned to the country they identified as their last place of residence before entering Thailand.

The regulation also provides an option for another country or an international organization to request, through diplomatic channels, that a deported individual be transferred to that country or to a third country. Such a request must be submitted within seven days of the deportation order if there are concerns that returning the individual to their country of nationality could expose them to risks such as torture, cruel, inhumane, or degrading treatment, or enforced disappearance.

The requesting country or organization must bear all associated costs, and the deported individual must provide written consent to the transfer.

In cases where an extradition request is submitted, the process must be completed within 30 days of Thailand receiving the formal request. The Minister of Interior may extend the period twice, with each extension lasting no more than 30 days.

If extradition to the requesting country or a third country cannot be completed after the applicable deadline, the authorities must promptly proceed with the normal repatriation process.

The costs associated with deportation will be governed by regulations issued by the Ministry of Interior with the approval of the Ministry of Finance.

If difficulties arise in implementing the regulation, the relevant government agencies will follow the ruling of the Minister of Interior.

The Better News English

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