Thailand’s Royal Gazette published a new deportation regulation (Deportation B.E. 2569) on 27 August 2026, effective the following day. The law establishes Thailand’s first formal deportation procedure, involving the Corrections Department, the courts and the Ministry of Interior, with the Minister of Interior making the final decision. While it does not create new offences, several existing immigration and work‑permit violations can now trigger a formal deportation process and potentially a re‑entry ban.
Scope of the Regulation
Conviction‑based deportation – applicable when a foreign national has been convicted of any of the following and has served the final sentence:
- Illegal entry or unlawful stay.
- Working in breach of the Foreigners’ Working Management Law (e.g., without a permit or outside the permitted scope).
- Operating a business contrary to the Foreign Business Act.
- Document forgery.
- Any offence carrying a prison term of five years or more.
The regulation also covers principals, instigators and supporters of these offences.
Procedural triggers
- The Corrections Department must notify the Ministry of Interior at least 15 days before releasing a qualifying prisoner.
- Courts must also notify the Ministry when a sentence is suspended or when only a fine is imposed.
Consequently, a fine or suspended sentence does not automatically close the immigration matter.
Conduct‑based deportation – the Permanent Secretary for Interior may refer a foreign national to the Minister of Interior if the person’s conduct is deemed contrary to public order, good morals or public wellbeing. No criminal conviction is required, and the provision also applies to those who instigate or support the conduct. Practical application of this clause remains unclear.
Implications for Employers
- Work permits in Thailand are linked to specific duties, employer and workplace.
- Any change in an employee’s responsibilities—such as taking on new tasks, supporting regional projects, or providing temporary cover—must be reflected in an updated work permit.
- Failure to keep permits aligned with actual roles can now lead to a formal deportation process for the employee, increasing compliance risk for the employer.
Key Take‑aways
- Deportation can be initiated after release from prison, even for suspended sentences or fines.
- Both conviction‑based and conduct‑based grounds exist; the latter does not require a criminal record.
- Employers must closely monitor and promptly adjust work permits to avoid triggering deportation proceedings.
The regulation represents a significant tightening of Thailand’s immigration enforcement framework, emphasizing stricter adherence to work‑permit conditions and broader discretion for deportation on conduct grounds.
Source article: newlandchase.com
