Key Takeaways

  • The Prime Minister’s Office Regulation on Deportation B.E. 2569 took effect on 28 August 2026.
  • Six offence categories apply, including any offence punishable by imprisonment of five years or more.
  • The Interior Minister orders deportation after a final judgment; Corrections must report foreign prisoners 15 days before release.
  • H&P’s extradition and litigation lawyers see deportations often used to hide real extradition processes in Thailand.

Last 14th of July 2026, Thailand Prime Minister announced that, following the Cabinet meeting on 16th of June 2026, guidelines had been set up to expedite the process of deportation of foreign nationals who have committed offences or breached Thai Immigration laws. The resulting Prime Minister’s Office Regulation on Deportation B.E. 2569 (2026) was signed on 26 August 2026, published in the Royal Gazette on 27 August, and took effect on 28 August 2026.

Based on the experience of our extradition attorneys and litigation lawyers in Thailand at Herrera and Partners H&P, the deportation is an alternative means of returning the offender, apart from extradition processes, that’s why we consider we need to share this Thailand legal update as deportations and extraditions can be connected in multiple cases.

Six categories of offences that may lead to deportation

The regulation specifies six categories of offences committed by foreigners that may result in deportation from Thailand where deportation is necessary to maintain public order and good morals. 

The Interior Minister may order the deportation of a foreign national who has completed a sentence imposed under a final court judgment for one of the following:

  1. Entering or staying in Thailand unlawfully;
  2. Working in Thailand in violation of the law governing the employment of foreigners;
  3. Operating a business in Thailand in violation of the law governing foreign business operations;
  4. Forging official documents or using forged official documents;
  5. Committing an offence under a law punishable by imprisonment for five years or more; and
  6. Being a principal offender, instigator, or supporter of an offence under items 1 to 5.
CategoryUnderlying law
Unlawful entry or stayImmigration Act
Unlawful workLaw governing the employment of foreigners
Unlawful business operationForeign Business Act
Forged official documentsCriminal Code
Offence punishable by 5 years or moreAny law carrying that penalty
Principal, instigator or supporterSame law as the underlying offence

Separately, a foreigner whose conduct is considered contrary to public order, good morals or public welfare, including as an instigator or supporter, may be reported by the Permanent Secretary of the Interior Ministry to the Minister for consideration of a deportation order. 

A deportation order may also prohibit the person from re-entering Thailand for a specified period.

What the regulation requires from government agencies

The regulation further requires the relevant government agencies to take the following actions:

  • The Director-General of the Department of Corrections must provide the Permanent Secretary of the Interior Ministry with the name, nationality and case records of a foreign prisoner covered by the regulation at least 15 days before release.
  • Where a court suspends a sentence or imposes a fine, the Office of the Judiciary must immediately notify the Permanent Secretary so the case can be considered.
  • The deportee is normally returned to the country of nationality. If the person has no public known nationality, the person shall be deported to the country that the foreigner stated was the last country in which he or she resided before entering Thailand.
  • Deportation expenses are governed by Interior Ministry rules approved by the Finance Ministry.
  • Any dispute concerning the implementation of the regulation is referred to the Interior Minister, whose decision is final.

Human rights safeguards and third-country transfer

Deportation decisions must take account of applicable laws, Cabinet resolutions and Thailand’s international obligations. Another country or an international organisation may submit a request through diplomatic channels, within 7 days of the deportation order, to receive the person in that country or a third country, where the person faces a risk of:

  • Torture;
  • Cruel, inhumane or degrading treatment;
  • Treatment violating human dignity;
  • Enforced disappearance.

The requesting party must cover all costs of caring for and transferring the person, and the deportee must give written consent. The transfer must be completed within 30 days, with no more than two extensions of up to 30 days each. If it cannot be completed in time, authorities proceed with deportation under the standard repatriation procedure.

If you are facing a deportation in Thailand, please contact immediately our lawyers specialized in immigration law and criminal law at contact@thailandextradition.com

Frequently asked questions

When did Thailand’s new deportation regulation take effect?

On 28 August 2026, the day after its publication in the Royal Gazette on 27 August. Prime Minister Anutin Charnvirakul signed the regulation on 26 August 2026.

Who decides a deportation under the new rules?

The Interior Minister, on a report from the Ministry’s Permanent Secretary or a delegated official. Disputes about implementation are also referred to the Minister, whose decision is final.

Does the regulation create new grounds for deportation?

No. It sets the procedure and the coordination between agencies. The six categories rest on existing laws: the Immigration Act, the foreign employment law, the Foreign Business Act and the Criminal Code.

Can I appeal a deportation order under the new regulation?

The regulation provides no express appeal or hearing right before the order is issued. Any challenge has to be built on the Immigration Act and the facts of the case.

Can a deportee be sent to a country other than their own?

Yes. Another state or international organisation may request it within 7 days of the order, citing torture, degrading treatment or enforced disappearance risks. Written consent and cost coverage are required.

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