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Chaninat & Leeds provides a variety of legal professional  services regarding immigration, land acquisition, and foreign company registration. They specialize in both business and family law, including the K1 visa process for Thais




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The provisions in Section 12 (1) concerning visa , (2),(3) and (9) shall not apply with the case as
provided in the first paragraph of this section.

The applicant must pay fees as prescribed in the Ministerial Regulations.

Section 52 : Whoever has lost documents issued under this Act, and wants to receive a substitute , or wants to change a Residence Certificate in reference to Section 50 (3) , when the competent official is satisfied with the result of an investigation, a substitute or a change of Residence Certificate will be issued. The applicant must pay fees as prescribed in the Ministerial Regulations.

Chapter 6
Deportation of the Aliens

Section 53 : If it is learned at a late date that aliens who came to stay in the Kingdom are among the persons excluded from entry because of any circumstance as prescribed in Section 12 (7) or (8)or (10) or Section 43 Para.2 or Section 44 or persons convicted under Section 63 or 64 , the Director General will submit the matter to the Immigration Commission. If the Immigration Commission decides that the alien's permission to stay in the Kingdom should be revoked, the Immigration Commission will submit their opinion to the Minister for further consideration in revoking the Permission.

Section 54 : Any alien who enters or come to stay in the Kingdom without permission or when such permission expires or is revoked , the competent official will deport such alien out of the Kingdom.

The provisions of Section 19 and 20 will be applied Mutatis Mutandis if in the case that investigation for deportation in reference to Para.1 of this Section must be conducted.

In case there is an order of deportation for the alien; while waiting for the alien to be deported the competent official may order the alien to stay at any prescribed place or he may order the alien to report to him ( competent official ) according to a prescribed date, time ,and place with Security or with Security and Bond. The competent official may also detain the alien at any given place as many be necessary.

The expense of detention shall be charged to the alien’s account.

The provision of this Section shall not apply to aliens entering and talking up residence in the Kingdom before the enforcement of the Immigration Act B.C. 2480 [ 1937 ]

Section 55 : Aliens being deported under this Act shall be sent back by any conveyance or route as the competent official may consider appropriate.

The expense of deportation shall be charged to the owner or person in charge of the conveyance which brought the alien into the Kingdom. If there appears to be no owner or person in charge of the conveyance, the alien committing the act against the provisions of Section 63 or 64 will have to pay the expense of deportation. The competent official shall have power to ask for deportation expenses from one of the aliens committing the offense or from all of them. However , if the alien concerned wishes to go by and other conveyance or by an other route, at his own expense , the competent official may permit him to do so.

Section 56 : In the case where there is an exemption from a visa for the alien, under section 12 (1), and the alien has shown the competent official a ticket or any travel document of the owner of the conveyance or the person in charge of the conveyance or evidence of any other person, in accordance with the condition as prescribed in the Ministerial Regulations, for the purpose of deporting from the Kingdom of such alien, the competent official shall have power to order the owner of the conveyance , the person in charge of the conveyance , or the person issuing a ticket, document or evidence , as the case may be, not to cancel, return of alter the important vital statement on the said ticket, document or evidence, with or without any conditions.

The order under Para.1 can be done by attaching to or by stamping in the said ticket, document or evidence, when the competent official has ordered, if here is cancellation , return or alternation of the important vital statement in the said ticket, document or evidence , finding it difference from the order given by the competent official, the competent official shall have power to order the owner of the conveyance , the person in charge of the conveyance, or the person issuing a ticket , document or evidence , as the case may be , to conform with the former condition as indicated on the ticket, document or evidence, for the purpose of deportation.

Chapter 7
Miscellaneous

Section 57 : For the purpose of Chapter 7 miscellaneous ; whoever claims his nationality is Thai and if there is not enough evidence for the competent official to believe that he has Thai nationality , it is presumed that such a person is an alien until he can prove other wise.

An application for proof of nationality under Para.1 of this Section will be submitted to the competent official in the accordance with the form and fees as prescribed in the Ministerial Regulations. If such person does not satisfy the competent official’s order , he may apply to the Court asking for consideration.

In the case where there is an application to the Court upon receiving and application, the Court shall notify the Public Prosecutor, who may, in turn, have a right for objection thereto.

Section 58 : Any alien who has no lawful document for entering the Kingdom under Section 12 (1); or has no Residence Certificate under this Act; and also has no identification in accordance with the Law on Alien registration, is considered to have entered into the Kingdom in violation to this Act.

Section 59 :The Director General, or the competent official deputized by Director General, shall have the authority to arrest and suppress any person violating this Act. They shall also have the authority to issue a subpoena, warrant of arrest or search, make arrest , search , or detain. They shall also have the authority to conduct inquiry into the offense against the provisions of this Act in the same manner as the inquiry official under the Criminal Procedure Code.

Section 60 : In any area where the Minister deems it proper to grant exemption from payment of any fees under this Act, he shall have the authority to do so by making public notification in the Government Gazette.

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