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Thailand Immigration Blacklist Appeal

Appealing an Entry Prohibition Order for Foreigners

Repeated or prolonged breaking of immigration regulations in Thailand can easily lead to deportation and an entry ban. As a tourism hotspot, Thailand has strict rules regarding visa infractions, but deportation and blacklisting can also occur if the accused commits crimes unrelated to immigration regulations.

The good news is that it is possible for the accused to appeal a Thailand entry ban and get removed from the blacklist so that they can once again acquire a Thai visa and enter the country.

This page explains how deportation and immigration blacklisting work in Thailand and outlines how the accused can lift the ban and return to the Kingdom.

Why Foreigners are Deported from Thailand and Blacklisted from Re-Entry

According to Section 12 of Thailand's Immigration Act of B.E. 2522 (1979), foreigners who enter Thailand, whether for temporary stays or permanent residence, must comply with strict immigration regulations. Violation of these regulations or engaging in activities that disturb social order can result in deportation and being designated as a prohibited person (AKA blacklisted) from entering the Kingdom, typically for 100 years, so effectively forever.

There are 11 primary reasons why a foreigner might be denied entry to Thailand or have their permission to remain in Thailand revoked:

• Lacking valid travel documents or required Thai visas
• Having insufficient funds to support their stay
• Engaging in unauthorized work, particularly unskilled labor
• Having specified mental illnesses or communicable diseases
• Lacking required vaccinations, particularly for smallpox
• Being convicted of a crime or having criminal records (excluding minor offenses)
• Being deemed a threat to public peace or national security
• Having potential involvement in illegal activities such as prostitution, human trafficking, or the illegal drug trade
• Failing to maintain required financial bonds
• Being specifically prohibited by ministerial order
• Having a previous deportation history from Thailand or other countries

Deportation and blacklisting typically only occur in extreme cases of the above circumstances or if the accused is a repeat offender. There are no set criteria for what infractions qualify the accused for an entry ban; full discretion is given to the Immigration Bureau to determine if the accused should be banned and for how long.

Thailand Immigration Ban and Blacklisting for Visa Overstay

One of the most common reasons a foreigner is blacklisted is overstaying their visa. Typically, visa overstays in Thailand only incur fines, but again, severe or repeated offenses will lead to an entry ban.

The Immigration Bureau has guidelines for fines and how long an entry ban will remain in effect for those found to overstay their visas. Importantly, foreigners who voluntarily surrender to authorities typically receive lighter penalties.

Foreigners who overstay their visa for:

• Less than 90 days: 500 baht per day fine (up to 20,000 baht).
• 90+ days: Banned from Thailand for up to 1 year and a 20,000 baht fine.
• 1 year+: Banned from Thailand for up to 3 years and a 20,000 baht fine.
• 3 years+: Banned from Thailand for up to 5 years and a 20,000 baht fine.
• 5 years+: Banned from Thailand for up to 10 years and a 20,000 baht fine.

Foreigners who are detained for unrelated offenses and found to be overstaying face more severe consequences:

• Less than a year: Banned from Thailand for up to 5 years and a fine between 500 baht and 20,000 baht.
• For over 1 year: Banned from Thailand for up to 10 years and a fine of 20,000 baht.

How a Foreigner Can Get Off Thailand’s Immigration Blacklist

There are three primary ways a foreigner can lift an entry ban or cancel a prohibition order. It should be noted that no method provides a 100% chance of success, as each case will be judged based on the individual circumstances of the foreigner who has been banned.

Each of these methods involves interacting directly with the Thai government in the Thai language, so foreigners hoping to reverse their entry ban will need the assistance of a bilingual immigration lawyer in Thailand.

Requesting Removal from the Thai Immigration Blacklist

If a foreigner has been deported from Thailand, remained outside for more than 5 years, and has not made any illegal attempt to re-enter the country, they can request for their case to be heard by the Immigration Bureau Committee. They will hear requests to be removed from the blacklist on a case-by-case basis.

When hearing requests for removal from the list, the Committee will take several factors into account, including:

• Whether the person might cause further problems in Thai society upon their return
• Whether the original offense warrants continued prohibition from entering the Kingdom
• Whether the foreigner has family obligations in Thailand, such as a spouse or children requiring support

If the initial infraction that caused the deportation was not severe, the foreigner has displayed good conduct since their deportation, and/or they have family in Thailand, they have a better chance at having their ban lifted.

The foreigner will need to appeal directly to the committee and prepare a significant amount of paperwork, including but not limited to:

1. Petition letter addressed to the Immigration Bureau Commissioner explaining the reasons and necessity for entering Thailand
2. Proof of identity (passport copy/ID card copy)
3. Spouse's identification documents (if married)
4. Criminal background check from the applicant's home country, certified by their embassy/consulate in Thailand (original with Thai translation)
5. Supporting documentation showing ties to Thailand (house registration, marriage certificate, child's birth certificate, employer certification, etc.)
6. Additional beneficial documentation as recommended by an immigration lawyer
7. Recent passport-sized photographs
8. Family and residence photographs (if applicable)
9. Power of attorney with duty stamps (if submitted by representative)

Appealing the Entry Prohibition Order

Foreigners who receive an entry prohibition order can file an appeal with the Immigration Bureau within 48 hours of being notified of the order. This appeal must be submitted in person using the prescribed form and paying the required fees.

The minister will then consider the appeal. If no ministerial decision is issued within 7 days of filing the appeal, the appealing foreigner is automatically considered not prohibited from entering the Kingdom.

However, if this appeal is denied, an administrative appeal is still possible. This appeal must be:

• Submitted to the Minister of the Interior
• Submitted in writing with all relevant factual details and an argument as to why the appeal should be upheld
• Submitted within 15 days of receiving the entry prohibition order

A ministry official will consider the appeal, taking into account all the facts and details. They then have the power to:

• Revoke or modify the original entry ban order
• Increase or decrease the restrictions imposed by the order
• Add conditions to the order

Through this mechanism, a foreigner blacklisted from entering Thailand can have their entry ban canceled or at least reduced in length and severity.

Filing a Lawsuit to Revoke an Entry Ban Order in the Administrative Court

If a blacklisted foreigner has filed an appeal to the entry ban order and were denied or were not given a response to their appeal in the allotted timeframe, they are entitled to file a lawsuit requesting the revocation of the entry ban order.

This Administrative Court appeal is specifically for cases where the entry prohibition order may have been issued unlawfully. This process provides a legal avenue to challenge and potentially overturn the blacklist status through proper judicial channels; however, certain conditions must be met first:

• The accused must first appeal the entry prohibition order to Immigration officials within 48 hours of receiving the order as detailed above. Only after that process is a lawsuit possible.
• The accused and their lawyer must file the lawsuit at the Administrative Court with jurisdiction over either the plaintiff's residence or the location where the incident that precipitated the ban occurred.
• The accused and their lawyer must submit the lawsuit within 90 days of becoming aware of grounds for litigation or within 90 days after requesting clarification from relevant authorities without receiving a satisfactory response.

Experienced Ä¢¹½ÊÓƵ Representation for Foreigners Blacklisted from Thailand

If you or someone you know has been banned from entering Thailand for whatever reason, Siam Ä¢¹½ÊÓƵ can help file an appeal or a lawsuit to have the ban order reversed. The odds of success depends on your unique case and circumstances, but our experienced immigration lawyers will give you the best chance at getting off the blacklist.

Siam Ä¢¹½ÊÓƵ has been helping foreigners with their legal needs in Thailand for over 20 years, and we have experience in many blacklist and entry ban cases. We’ll provide expert guidance, help draft your appeal, file your lawsuit, argue your case in court if necessary, and anything else needed to clear your name.

Contact Siam Ä¢¹½ÊÓƵ and engage with our litigation team to start on the path back to the Land of Smiles.

Thailand Immigration Blacklist FAQ

How do I check if I am blacklisted in Thailand?

If you received an entry ban to Thailand, the authorities would have served you legal papers informing you of the blacklisting. If you are not sure, you can contact the nearest Thai embassy to check for you.

How long does the blacklist last in Thailand?

Thailand entry bans can last up to 100 years, so effectively it can be permanent. However, blacklisting durations are often modified by Thai Immigration in line with the offense and are set at the official’s discretion. Visa overstay bans are a set duration (see above).

What happens if your name is on the blacklist in Thailand?

If you’ve been banned from entering Thailand, you will not be able to get a visa of any kind, as your name will be in the system. If you try to enter the country on the visa-exemption program, you will be denied entry at the border. If you are found in the country while blacklisted you will be arrested and prosecuted.

Can you get removed from the Thailand blacklist?

Yes, there are three main ways to get of Thailand’s blacklisted, as detailed above. You can appeal the blacklisting, but if that fails you can file a lawsuit to get it reversed. If these options fail, you can request removal from the blacklist after being banned for some time.

The decision still remains with Thai Immigration, so none of these methods have a 100% success rate, especially without expert legal counsel to guide your appeal. But, there is always a chance.

Can you appeal a Thailand entry ban?

Yes, but you must act quickly, as the appeal must be lodged within 48 hours of being informed of the blacklisting.

What happens if you are banned from entering Thailand?

If you are in Thailand at the time, you will be served legal papers informing you that you are blacklisted, your passport will have a special stamp placed in it to show that you are banned, and your name will be entered into the system. You will then be deported back to your home country.

How long does it take to get off Thailand’s blacklist?

If you appeal your entry ban within 48 hours of it going into effect, you can resolve the issue quickly if they accept your appeal or you do not receive an answer in 7 days. If your appeal fails, you can file a lawsuit, which can take 6-8 months or longer. If you have been banned for several years, typically 5, you can request to be removed from the blacklist, which will take at least 2-5 months.