Whereas it is deemed proper to revise the Law on immigration Section 1 : This Act shall be called the “ Immigration Act, B.E. 2522 ”1 Section 2 : This Act shall be enforced after the lose of ninety days from the date of its publication in the Government Gazette.
Section 3 : Immigration Acts :
1.B.E. 2493 ( 1950 )
2.B.E. 2497 ( 1954 – NO.2 )
Shall be repealed
In lieu all others laws , regulations , or rules witch are provided for in this
Act or contradictory hereto or inconsistent herewith , the provision of this Act shall be applied.
Section 4 : In this Act :
“ Alien” means any person who is not of Thai nationality under the nationality Act.
“ Conveyance” means any vehicle or beast of burden or any other object(s) which may be used in conveying persons from one place to another.
“ Owner of Conveyance ” includes an agent of the owner , a person renting, an agent if the person renting , possessor , or an agent of the possessor of the conveyance , as the case may be.
“ Person in charge of conveyance” means the master of the vessel or person responsible for the control of the conveyance.
“ Crew of conveyance” means the person who has a function , duty , or work in the conveyance , and in the interest of this Act , it includes the person in charge of conveyance driving the conveyance without a crew.
“ passenger ” means any person other than the person in charge , or the crew of conveyance
“ Immigrant ” means any alien who enters the Kingdom.
“ Immigration Doctor ” means any doctor appointed by the Director General to carry out the provisions of this Act.
“ House Master ” means any persons who is the chief possessor of a house , whether in the capacity of owner , tenant , or in any other capacity whatsoever , in accordance with the law on people act.
“ Dwelling Place ” means any place used for habitation such as a house shed , boat or floating house which human beings inhabit .It also includes the precinct of the place used for habitation , whether it be enclosed or not , in accordance with the Panel Code.
“ Hotel ” means any place built for remuneration for travelers or persons who wish to look for a place to stay or rest for a period of time , in accordance with the law on the hotels.
“ Commission ” means The Immigration Commission.
“ Competent Official ” means any officer appointed by the Minister to carry out a function in conformity with this Act.
“ Director ” means Director General of the Police Department.
“ Minister ” means the Minister in charge of this Act.
Section 5 : The Minister of Interior shall be in charge and have control for the executive of this Act and shall have power to appoint competent officials , and Issue Minister Regulations ; to fix fees and other expense not exceeding rates annexed to this Act and to fix other activities for the execution of this Act. Such Ministerial Regulations shall become effective after having been published in the government Gazette.
Chapter 12 Section 6 : The immigration Commission will consist of the Under Secretary of the Minister of Interior as Chairman and the following members :
- Under Secretary of Ministry of Foreign Affairs
- Director general , Police Department
- Director General , labor Department
- Director General , public Prosecution Department
- Secretary General , Board of Investment Committee
- Secretary General , National Security Council
- Director , Tourist Organization of Thailand
- Commander of Immigration Division as member and secretary
Section 7 : The Immigration Commission shall have power and duty to :
1. Revoke permission for temporary stay in the Kingdom under Section 36 Para 1.
2. Consider and appeal under Section 36 Para 2.
3. Permit aliens to enter into and assume residence in the Kingdom under Section 41 Para1
4. Fix qualifications of any aliens asking to take up residence in the Kingdom ;and to fix conditions pertaining to the national security ; and to fix other conditions under Section 41 Para 2.
5. Fix Regulations for residence applications of aliens temporarily entering into the Kingdom under section 41 Para 4.
6. Permit aliens to enter into and take up residence on the Kingdom under Section 43 Para 1 and to fix regulations for display of the aliens financial status under Section 43 Para 2.
7. Permit the aliens , who is authorized to stay in the Kingdom temporarily , to take up residence ; and to permit and fix conditions in rendering permission to the alien who has applied for taking up residence in the Kingdom to remain in the Kingdom for the tome being under Section 45 Para 1 and 2.
8. Give order to revoke permission for taking up residence in the Kingdom under Section 47 Para 3.
9. Permit aliens , who have a residence in the kingdom , to continue that residence in the Kingdom under Section 51 Para 1.
10. Consider revocation of a residence permit under permit under Section 53.
11. Give advice , suggestions and view to the Minister on establishing standard operating procedures for local official and for other officials , regarding national security , as well as issuance of Ministerial Regulations under this Act.
12. Consider and give opinions on immigration matters as assigned by the cabinet or by the Minister.
Section 8 : In the performance of duty of the Immigration Commission under this Act , the Committee member who is also the security shall , without delay , submit matters under committee jurisdiction to the chairman of the Committee ; his duty , he ( the committee member who is also the secretary ) shall without delay , submit them to the committee member who is appointed by the committee. The chairman of the committee or the committee member so appointed shall call for a meeting in accordance with the urgency of the matter and in accordance with the rules and regulations fix by the committee. In the meeting of the Commission , if the Chairman does not attend the meeting or is not in the meeting of the members of the meeting shall select one member to preside over the Meeting.
The quorum of any meeting will consist of no less than half of all members.
Decisions of the meeting will be decided by a majority vote. One member has one vote. If the voting score is equal , the Chairman of the meeting shall make the deciding vote.
Section 9 : The Immigration commission may appoint Sub – Committees or may empower any Competent Official to carry out any assigned function.The provision of Section 8 shall be applied Mutantis Mutandis for the meeting of the Sub – Committee.
Section 10 : In the performance of duties under this Act , the commission shall have power to issue written orders asking persons concerned to give facts or to present documents pertaining to meters under the power and duty of the Immigration Commission.
Chapter 23 Entering and Department the Kingdom Section 11: Persons entering into or departing the Kingdom must other and leave by way of immigration check points , designated landing , 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 required for certain types of aliens in special instances.
Visaing and visa exemption will be under the learn 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 laborer or to take employment by using physical without skills training or to work in violation of the Ministerial Regulations.
4. Being mentally unstable or having any of the disease as prescribed in the Ministerial Regulations.
5. Having not yet been vaccinated against smallpox or inoculated or undergone any other medical 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 foe petty offense or negligence or is provided for as an exception in the Ministerial Regulations.
7. Having behavior which would indicated 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 woman of 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 him
10. Being a person prohibited by the Minister under Section 16.
11. Being deported by either the Government of Thailand that of or 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 or mental nature , including protective operations as against disease , shall be conducted by the Immigration Doctor.
Section 13 : The bellowed listed aliens shall not be required to have a passport or document in lieu of passport :
1. Any person in charge of or the crew of a seagoing or air conveyance making an entry into a port , station or locality in the Kingdom and departing therefrom. For convenience in controlling these person , the competent official may issue them a certificate in accordance with the form as prescribed in the Ministerial Regulations.
2. A citizen of a country with has its boundaries adjacent to Thailand making at a temporary journey across the border under compliance with the agreement between the Government of Thailand and of that country.
3. A passenger of an international train holding a through ticket and making a transit journey across Thailand under compliance with the international agreement between the Government of Thailand and of the country concerned , including the conductor and crew of such train.
Section 14 : The Minister shall have power to issue public notice in the Government Gazette requiring the alien entering into the Kingdom to have with either money or bond , or shall have power to order an exemption under any condition. The public notice issued by the Minister under the first paragraph of this section shall not apply to children under the age of twelve years.
Section 15 : Aliens entering into the Kingdom under bellow listed status shall be exempted from complying out the function or the prohibition under Section 11 , Section 12 (1) , (4) and (5) and Section 18 Para 2.
1. Persons on Diplomatic Missions sent by a Foreign country’ s government to perform duties in the Kingdom ; or which are travelling through the Kingdom to perform duties in another country.
2. Consular parties and their employees sent by a foreign country’s government to perform duties in the Kingdom to perform duties in another country.
3. A person which a foreign country’s government has sent to perform duties or missions in the Kingdom with the approval of the Thai Government.
4. A person performing duties or missions in the Kingdom for the government of Thailand in accordance with the agreements of the Government of Thailand and of the foreign country involved.
5. Officer Chief of International Organizations or Department performing duties in Thailand , which are protected by law or which the Thai Government has concurred with , including officer , specialists or other persons , who are appointed or responsibilities in the Kingdom for said Organization or Departments or for the Thai Government under an agreement with the Thai Government has made with such International Organizations or Departments.
6. Spouses or children under patronage or being a part of theallow household of persons under paragraph ( 1 ) , ( 2 ) , ( 3 ) , ( 4 ) or ( 5 )
7. Privates servants travelling from foreign countries to work at the residence of the persons under (1) or any person having a document showing status equivalent to that of diplomatic immunity , in accordance with the agreement that the Thai Government has made with Foreign Governments or with International Organizations or Departments.
8. Case ( 1 ) , ( 2 ) , ( 6 ) or ( 7 ) shall be in compliance with agreements made between concerned countries and with mutual reciprocation.
The competent official shall have power to question or examine evidence for the purpose of ascertaining whether a person entering into the Kingdom is under the exemptions provided for this Section.
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 alien to enter into the Kingdom , the Minister shall have power to exclude said alien or group aliens from entering into the Kingdom.
Section 17 : In certain special cases , the Minister , by the Cabinet approval , may permit any alien or any group of aliens to stay in the Kingdom under certain conditions , or may conditions , or may consider exemption from being conformity with this Act.
Section 18 : The competent official shall have 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 approval by the competent official assigned to the Immigration check point.
Section 19 : In inspecting and considering whether an alien is forbidden from entering the Kingdom , the competent official shall have authority to allow said alien to stay at an appropriate place after promising that he will present himself to the competent official to received his orders on a specified date , time and place ; or if the competent official deems appropriate he may call for a bond or call fir both bond and security ; or the competent official may detain said aliens at any place for paragraph , the competent official shall have power to call a person , who’s statement the competent official has reason to believe may be useful in case of doubt , to give oath , testimony , or statements to the competent officials.
If there is reason to suspect that any alien has entered into the Kingdom for the purpose committing acts specified in Section 12 ( 8 ) or for the purpose taking past therein , or any woman or child enters into the Kingdom for a temporary stay by ordering said person ( s) to report in person to him and answer his questions ; or the competent official may officials at the Local Police Station where said person ( s ) will reside , within a period of time prescribed by the competent official which shall not be less than seven day intervals.
Section 20 : In the instance where the competent official has detained any alien under the provision of Section 19 , the competent official shall have grounds to detain said alien in so far as it is necessary , under the circumstance but not more than forty – eight hours beginning at the time of this ( detainee’s ) arrival at the office of the competent official. In case of necessary , the period of forty – eight house may be extended , but not to exceed seven days , and the competent official shall record the reason foe such extension.
If it necessary to detain any alien longer than the period of time provided in the first paragraph , the competent official shall apply to the Court for an order to further detain said alien and Court may order further detention , if found necessary , not exceeding twelve days at each application. However , if the Court deems it appropriate , the Court may order that said alien be temporary.
Section 21 : The expense of detaining an alien shall , under Section 19 and 20 be charge to the account of the owner , or person in charge , of the conveyance bringing the alien into the Kingdom. If there appears to be on owner or person in charge of the conveyance , or the alien concerned entered into the Kingdom without coming by way of a conveyance , the expense shall be charged to his ( alien’s) account.
Section 22 : In the instance where the competent official discovers that an alien is forbidden from entering into the Kingdom under the provisions of Section 12 , the competent official shall have authority to order said alien by written notification to leave the Kingdom. If said alien is not satisfied with the competent official’s order , he ( alien ) may appeal to the Minister. The order of the Minister shall be final. Appealling cases are not allowed under Section 12 (1) or (10) , but if the Minister does not have an order within seven days beginning from the date of submitting the appeal, it is considered that the Minister has ordered that said alien is not forbidden from entering into the Kingdom under Section 12. Appeal must be submitted the competent official within forty – eight hours beginning from the time of received said order from the competent official and must comply with the pattern ( and a fee must be paid ) an provided in the Ministerial Regulations. When appeal is submitted by the alien concerned , the competent official shall delay deportation of said alien until an order for said case is receive from the Minister. While processing under order of the competent official or while waiting for an order from the Minister , as the case may be , the provisions of Section 20 shall not be applied.
Section 23 : The owner or person in charge of a conveyance must bring the conveyance into or out of the Kingdom thought the proper route , immigration check point , port boundaries station , or area , and time , which the minister shall publish in the Government Gazette.
Section 24 : The competent official shall have power to check conveyances entering into or leaving the Kingdom ; or to check conveyances where there is reason to suspect that passengers are being taken in or out of the Kingdom; except in the case that such conveyance is being used for the official activities of the Government of Thailand or of a Foreign Country for which permission is granted by Government of Thailand.
Section 25 : When any conveyance enters onto or leaves the Kingdom , the owner or person in charge of said conveyance must report the date and time of arrival or departure of the conveyance at the port, station , or area in accordance with the pattern outlined in the Ministerial Regulation to the competent official at the office of Immigration controlling said port , station or area within the specified time as published by the competent official . In the instance that the provision of Para 1 . cannot be carried out , the owner or person in charge of the conveyance shall , in person , as soon as possible , report to the competent official at the nearest Immigration Office.
In making a report of the arrival or departure of conveyances under the provision of this Section , the Minister , if he deems it proper , may exempt any conveyance , or place it under new stipulations.
Section 26 : The owner or person in charge of any conveyance entering into or leaving the Kingdom must submit a list ( passenger and crew ) in accordance with the pattern prescribed in the Ministerial Regulations and must be inspected by the competent official at the place and under conditions published by the Director General.
In the instance that an inspection must be conducted at any other place , which is other than the place published by the Director General under Para. of this Section , such inspection must be approved by the Director General or a competent official deputized by the Director General.
Section 27 : For the purpose of inspection , the owner or person in charge of any conveyance into or leaving the Kingdom shall be required to do as follows :
1. Prevent passengers or crew from leaving the conveyance or any quarters arranged with the approval of the competent official without the permission of the competent official , except in the instance that the person in charge and crew of the conveyance are the same person , such a person is allowed to leave the conveyance in the status of the person in charge for her purpose of notifying the competent official as outlined under Section 25.
If the passengers or crew of said conveyance fail to comply with or otherwise cause a disturbance to , the provisions of Section 29 Para. 2 shall be applied Mutatis Mutandis. The expense of talking action under the provisions of this paragraph shall be charged to the account of the owner or person in charged of the conveyance.
2. Submit to the competent official a list of passengers and crew , including the person in charge of the conveyance according to the pattern as prescribed by the Ministerial Regulations and within the period of time fixed by the Director General or a competent official.
3. Cooperate fully with the competent official in following the provisions of this Act.
The provisions of this Section shall apply to the owner or person in change of the conveyance from or to the border , and conveying passengers into the kingdom or talking passenger to the border for the purpose of leaving the Kingdom. This applies to passenger entering into or leaving the Kingdom only.
Section : 28 While in the Kingdom. If there is an increase or production in the number of crew members or a charge in crew members of the conveyance or if any crew of the conveyances shall not leave the Kingdom , the owner of the conveyance , or the person in charge of the conveyance in the instance where there is no conveyance owner in the Kingdom , shall notify the competent official in accordance with the pattern as prescribed in the Ministerial Regulations.
In the instance where the crew of the conveyance shall not leave the Kingdom as stated in the Para 1. , and the crew of the conveyance are aliens , the owner or person in charge of the conveyance , as the case may be , shall take such person ( s) and tern them over to the competent official as soon as possible.
If the said crew of the conveyance resists the owner or person in charge of conveyance in the course of complying with the provisions of Para 2. , the provision of Section 29 Para 2. shall be applied Mutatis Mutandis . The expense for carrying out this paragraph shall be charged to the account of the owner or person in charge of the conveyance.
Section 29 : When the competent official discovers any illegal alien or has reason to suspect any alien of being illegal for entering into the Kingdom , the competent official shall have authority to order the owner or person in charge to the conveyance to detain said alien in the conveyance or to send said alien to any place for the purpose of interrogation by the competent official or else deporting said alien.
In the instance that said alien resists , or cause a disturbance , the owner or person in charge of the conveyance of his agent may ask the local administrative or police officials to detain or arrest said alien. If assistance from such official cannot be immediately rendered , the owner of person in charge of the conveyance shall have authority to arrest said alien over to local administrative or police officials , who shall without delay , turn said alien concerned over to the competent official for the purpose of carrying out this Act.
The expense concerning action taken under this Section shall be charged to the account of the owner or person in charge of the conveyance.