Thailand: Frequently Asked Question: What is the blacklist?

February 1 2010 Categories: Thailand FAQ, Thailand Visas, Thailand Visas & Work Permit No comments yet

The infamous blacklist

There are a lot of lists most of us dreamt to be on (fortune list, most influent people, most eligible bachelor and so on….) but there is one you definitively don’t want to be on, Thailand immigration blacklist.

Note: I would be unfair to Thailand if I did not state that Thailand is not the only country with an immigration blacklist. All countries have one.

Because once you made it on this list you are barred to enter Thailand for as long as you are on the list.

Blacklisted under Section 12 of the Immigration Act

There are many ways to be blacklisted. First of all, all those that falls into one of the categories under Section 12 of the Immigration Act are candidate for blacklisting.

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 Visa issue 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. Visa issuing and visa exemption will be under the terms 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 smalllpox 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 judgment of the Thai Court; or by a lawful injunction; or by the judgment 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.

Blacklisted under Section 16 of the Immigration Act

Then another way to made it on the list is per application of Section 16 of the Immigration Act.

Section 16 is a kind of “carryall” clause that allows the Minister of Interior to blacklist not only individuals for their actions but also groups of individuals for reason of national welfare or safeguarding the public peace, culture , morality, or welfare.

Note that Section 16 furthermore allows the Minister to blacklist a group or an individual if he “considers it improper to allow any alien or any group of alien to enter into the Kingdom “.

Is blacklisting systematic?

Falling into one of the blacklist category does not always mean systematic blacklisting.

The use of the blacklist is generally for those who are considered dangerous for the country, but the fact is that there have been over the years more than a few cases were folks ended up on the black list for what they feel was nearly nothing as you may find out by checking Thai various forums. As I said it is always a question of appreciation.

Writing the wrong thing may also results in blacklisting or the threat of being blacklisted. A few journalists have made this experience over the years.

Where you have to be careful is that working without a work permit or overstaying is also among the causes for blacklisting and may earn the unfortunate his/her place on the blacklist.

While blacklisting is not systematic for people that have been deported for working without a work permit or overstaying a visa it may happen. Why take the chance?

What to do when blacklisted?

Normally once you are blacklisted that is it.

Of course you may try to appeal with a Thai court or the competent authorities, or try to ask the authorities of your country to obtain from Thai authorities that they remove you from the list but I would not waste too much time on the process.

Once you are on it, you are on it until you are removed.

May you try to come back in Thailand?

I would not recommend it.

There have been stories of people blacklisted that tried to come back in Thailand. Most were stopped at the border and directly sent back others were caught once in the country. Being arrested in Thailand while blacklisted will mean detention until deportation.

As Thai authorities do not pay for the cost of deportation, the blacklisted person will have to wait in detention for as long as he does not have enough money for a plane ticket.

Now if one is blacklisted and came back in Thailand anyway the chances are that he has broken a set of law or another (used a forget passport, entered illegally…), so in addition of detention there might be another trial, another sentence and more time in jail. The game is certainly not worth it, go somewhere else.

Note: This post is an excerpt of Rene Philippe Dubout next book: “How to Invest Safely Into Thailand” to be published in January 2010

About the Author:

The author Rene-Philippe DUBOUT is a lawyer since 1990 when he was admitted to Geneva bar (Switzerland). He practiced as a litigator there for 10 years until he moved to Thailand in 1999. In 2002 he founded with a group of Thai lawyers Rene Philippe & Partners Ltd a local law firm that specialized in Cross Borders Investments and Real Estate. He has been lecturing in several Thai Universities and a speaker to numerous conferences and seminars. He is the author of a must read book:”How to Purchase Real Estate Offshore Safely: The Case of Thailand”.

http//:www.renephilippe.com

Originally posted 2009-08-08 06:36:36.

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