Immigration Act 1979
In the name of his Majesty King Bhumibol Enacted on the 24th of February B.E. 2522 The 34th year of the present reign Where as it is deemed proper to revise the Law on Immigration
Section 1 : This Act shall be called the “ Immigration Act, B.E. 2522 ”
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Shall be repealed In lieu all others laws, regulations, or rules witch are provided for in this Act or contradictory hereto or inconsistent herewith, the provision of this Act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 travellers 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 2
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, Labour 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 :
- Revoke permission for temporary stay in the Kingdom under Section 36 Para 1.
- Consider and appeal under Section 36 Para 2.
- Permit aliens to enter into and assume residence in the Kingdom under Section 41 Para1
- 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.
- Fix Regulations for residence applications of aliens temporarily entering into the Kingdom under section 41 Para 4.
- 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.
- 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.
- Give order to revoke permission for taking up residence in the Kingdom under Section 47 Para 3.
- Permit aliens, who have a residence in the kingdom, to continue that residence in the Kingdom under Section 51 Para 1.
- Consider revocation of a residence permit under permit under Section 53.
- 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.
- 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 3
Entering and Department the Kingdom
Section 11: Persons entering into or departing the Kingdom must enter and leave by way of an Immigration check point, 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 :
- 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. - Having no appropriate means of living following entrance into the Kingdom.
- Having entered into the Kingdom to take occupation as a labourer or to take employment by using physical without skills training or to work in violation of the Ministerial Regulations.
- Being mentally unstable or having any of the disease as prescribed in the Ministerial Regulations.
- 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.
- 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 offence or negligence or is provided for as an exception in the Ministerial Regulations.
- Having behaviour 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.
- 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.
- Having no money or bond as prescribed by the Minister under him
- Being a person prohibited by the Minister under Section 16.
- 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 aliens listed below are not required to produce a passport or document in lieu of passport :
- 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 there from. For convenience in controlling these person, a competent official may issue them a certificate in accordance with the form as prescribed in the Ministerial Regulations.
- A citizen of a country with has its boundaries adjacent to Thailand making a temporary journey across the border under compliance with the agreement between the Government of Thailand and of that country.
- 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 a 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 below listed status shall be exempt from complying with the function or the prohibition under Section 11, Section 12 (1), (4) and (5) and Section 18 Para 2.
- 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.
- Consular parties and their employees sent by a foreign country’s government to perform duties in the Kingdom to perform duties in another country.
- 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.
- 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.
- 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.
- Spouses or children under patronage or being a part of the allowed household of persons under paragraph ( 1 ), ( 2 ), ( 3 ), ( 4 ) or ( 5 )
- 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.
- 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.