Thailand Immigration Act B.E.2522 (Sections 11- 22)

Chapter 2

Entering and Exiting the Kingdom

Section 11. A person entering or exiting the Kingdom shall do so through a port of entry, immigration checkpoint, terminal area, station, or locality and at the prescribed times as published in the Government Gazette by the Minister.

Section 12. Aliens falling into any of the following categories are excluded from entering the Kingdom:

(1) Those without a valid and subsisting passport or travel document, or those with such documents but lacking a visa stamp from a Royal Thai Embassy, Consulate, or the Ministry of Foreign Affairs, except where a visa stamp is not required for certain types of aliens under special circumstances. Visa stamping and its exemptions shall be in accordance with the criteria, procedures, and conditions prescribed in the Ministerial Regulations. Fees for visa stamping as described in (1) shall be paid as prescribed in the Ministerial Regulations.

(2) Those lacking appropriate means of subsistence upon entering the Kingdom.

(3) Those entering the Kingdom to earn a livelihood as a laborer or to be hired for physical, unskilled, or technical work, or to engage in other activities in violation of alien working laws.

(4) Those of unsound mind or having any diseases as prescribed in the Ministerial Regulations.

(5) Those who have not been inoculated against smallpox or undergone vaccinations or other medical operations for protection against communicable diseases as required by law, or who have not allowed the immigration physician to do so.

(6) Those who have been imprisoned by a judgment of a Thai court or by a lawful injunction, or by a judgment of a foreign court, except for petty offenses or offenses committed through negligence, or as otherwise exempted in the Ministerial Regulations.

(7) Those who are indicated under certain circumstances as likely to cause disruption jeopardizing public peace, safety, or the security of the Kingdom, or those with an arrest warrant issued by a foreign government.

(8) Those indicated under certain circumstances as likely to engage in prostitution, woman or child trafficking, drug trafficking, evasion of customs duties, or other activities contrary to public order or good morals.

(9) Those without money or a bond as prescribed by the Minister’s publication under Section 14.

(10) Those prohibited from entering the Kingdom by the Minister under Section 16.

(11) Those deported by the Government of Thailand or a foreign government, or whose right to stay in the Kingdom or a foreign country has been revoked, or who have been repatriated from the Kingdom at the expense of the Government of Thailand, unless the Minister considers exemption on a case-by-case basis.

The examination and diagnosis of physical disease or mental disorder, including preventive operations against communicable diseases, shall be conducted by the Immigration Physician.

Section 13. The following aliens shall be exempt from the requirement to have a passport or travel document:

(1) Persons in charge of or crew members of a maritime or air conveyance calling at a port of entry, station, or locality in the Kingdom and exiting therefrom. For the purpose of controlling such persons, the competent official may issue a certificate in accordance with the form prescribed in the Ministerial Regulations.

(2) Citizens of countries with boundaries adjacent to Thailand making a temporary journey across the border in compliance with agreements between the Government of Thailand and the Government of that country.

(3) Passengers of an international train holding a through ticket and making a transit journey across Thailand in compliance with agreements between the Government of Thailand and the Government of the country concerned, including the persons in charge and crew of such train.

Section 14. The Minister shall have the power to publish in the Government Gazette requiring aliens entering the Kingdom to have either money or a bond, or to grant exemptions under specified conditions. This publication shall not apply to children under twelve years of age.

Section 15. Aliens entering the Kingdom with the following statuses shall be exempt from complying with the requirements set forth for aliens in this Act, except for compliance or prohibition as provided in Section 11, Section 12 (1), (4), and (5), and Section 18, paragraph two:

(1) Persons on diplomatic missions dispatched by the Government of a foreign country to perform duties in the Kingdom or traveling through the Kingdom to perform duties in another country.

(2) Consular officers and their employees dispatched by the Government of a foreign country to perform duties in the Kingdom or traveling through the Kingdom to perform duties in another country.

(3) Persons dispatched by the Government of a foreign country to perform duties or missions in the Kingdom with the approval of the Government of Thailand.

(4) Persons performing duties or missions in the Kingdom for the Government of Thailand in accordance with agreements between the Government of Thailand and the Government of the foreign country involved.

(5) Chief officers of international organizations or departments performing duties in Thailand that are protected by Thai laws or for which the Government of Thailand has granted approval, including staff members, specialists, or other persons appointed or assigned by such organizations or departments to perform duties or missions in the Kingdom for these organizations or for the Government of Thailand under agreements with the Government of Thailand.

(6) Spouses or children under the patronage and part of the household of persons mentioned in (1), (2), (3), (4), or (5), as well as personal servants traveling from foreign countries to work regularly at the residence of such persons or anyone with a privileged status equivalent to that of diplomatic personnel in accordance with agreements made by the Government of Thailand with foreign governments or international organizations.

Cases referred to in (1), (2), (6), or (7) shall comply with international obligations and principles of mutual reciprocity. The competent official shall have the power to inquire and examine evidence to ascertain that the person entering the Kingdom is exempt under this Section.

Section 16. If, in the interests of the country or for reasons of public order, good morals, culture, or the happiness of the people, the Minister considers that any alien or group of aliens should not be permitted to enter the Kingdom, the Minister shall have the power to deny entry to such alien or group of aliens.

Section 17. In special cases, the Minister, with the approval of the Council of Ministers, may permit any alien or group of aliens to enter and remain in the Kingdom under certain conditions, or may grant exemptions from complying with this Act.

Section 18. The competent official shall have the power to inspect persons entering or exiting the Kingdom. For this purpose, persons entering or exiting the Kingdom shall submit a list as prescribed in the Ministerial Regulations and shall be inspected and approved by the competent official assigned to the immigration checkpoint of that route.

Section 19. In conducting inspections and determining whether an alien is prohibited from entering the Kingdom, the competent official shall have the authority to permit the alien to stay at an appropriate place after affirming that the alien will report to the competent official at a specified date, time, and place. If the competent official deems it appropriate, they may require a bond or security, or they may detain the alien at any place for further actions under this Act.

For the provisions of paragraph one, the competent official shall have the power to call before them any person whose statement may be useful in case of doubt, to give testimony under oath or affidavit.

If there is reasonable suspicion that any alien has entered the Kingdom for the purpose of committing acts specified in Section 12 (8) or participating therein, or if any woman or child has entered the Kingdom for such purposes, the competent official may permit the person(s) a temporary stay in the Kingdom and order them to report in person and answer questions, or the competent official may order them to report and answer to the police officer at the police station with jurisdiction over the locality in which they reside at the time specified by the competent official. The time interval for each reporting and questioning session shall not be less than seven days.

Section 20. In cases where the competent official has detained an alien under the provisions of Section 19, the competent official shall have the power to detain the alien as long as necessary under the circumstances but not for more than forty-eight hours after the arrival of the alien at the office of the competent official. If necessary, the forty-eight-hour detention period may be extended but not to exceed seven days, and the competent official shall record the reason for such extension.

If it is necessary to detain any alien for longer than the period provided in paragraph one, the competent official shall apply to the court for permission to further detain the alien. The court may grant permission for further detention as necessary but not exceeding twelve days at a time. However, if the court deems it fit, it may order provisional release on bail or on bail and security.

Section 21. The expenses for detaining an alien under Sections 19 and 20 shall be borne by the owner or person in charge of the conveyance bringing the alien into the Kingdom. If there is no owner or person in charge of the conveyance, or if the alien entered the Kingdom without a conveyance, the expenses shall be borne by the alien.

Section 22. In cases where the competent official discovers that an alien who has entered the Kingdom is prohibited from entering the Kingdom under the provisions of Section 12, the competent official shall have the power to order the alien to leave the Kingdom by written notification. If the alien is dissatisfied with such an order, they may appeal to the Minister, except in cases under Section 12 (1) or (10). The Minister’s order shall be final. If the Minister does not issue an order within seven days from the date of submitting the appeal, it shall be deemed that the Minister has ordered that the alien is not prohibited from entering the Kingdom under Section 12.

An appeal must be submitted to the competent official within forty-eight hours from the time

The English language translation is provided for research and educational purposes only.
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