Immigration Act In the name of his Majesty King Bhumibol Enacted on the 24Th of February B. E. 2522 The 34Th year of the present reign



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Section 57 : For the purpose of Chapter 7 miscellaneous ; whoever claims his nationality is Thai and if there is not enough evidence for the competent official to believe that he has Thai nationality , it is presumed that such a person is an alien until he can prove other wise.
An application for proof of nationality under Para.1 of this Section will be submitted to the competent official in the accordance with the form and fees as prescribed in the Ministerial Regulations. If such person does not satisfy the competent official’s order , he may apply to the Court asking for consideration.
In the case where there is an application to the Court upon receiving and application, the Court shall notify the Public Prosecutor, who may, in turn, have a right for objection thereto.

Section 58 : Any alien who has no lawful document for entering the Kingdom under Section 12 (1); or has no Residence Certificate under this Act; and also has no identification in accordance with the Law on Alien registration, is considered to have entered into the Kingdom in violation to this Act.

Section 59 :The Director General, or the competent official deputized by Director General, shall have the authority to arrest and suppress any person violating this Act. They shall also have the authority to issue a subpoena, warrant of arrest or search, make arrest , search , or detain. They shall also have the authority to conduct inquiry into the offense against the provisions of this Act in the same manner as the inquiry official under the Criminal Procedure Code.

Section 60 : In any area where the Minister deems it proper to grant exemption from payment of any fees under this Act, he shall have the authority to do so by making public notification in the Government Gazette.

Chapter 7
Penalty8

Section 61 : Whoever fails to comply with the written order under Section 10 shall be punished by a fine not exceeding 5,000 Baht.
Section 62 : Whoever fails to comply with the provisions of Section 11 or Para.2 of Section 18 shall be punished by imprisonment not exceeding two years and a fine not exceeding 20,000 Baht.
If the person committing an offense under Para.1, holds Thai citizenship he will be punished by a fine not exceeding 20,000 Baht.
Section 63 : Whoever brings or takes an alien into the Kingdom or does anything which helps, assists , or facilitates an alien in making and entry into the Kingdom in contravention of this Act, shall be punished by imprisonment not exceeding 10 years and a fine not exceeding 100,000 Baht.
When any owner or person in charge of a conveyance who fails to comply with the provision of Section 23, and the conveyance carried the aliens entering into the Kingdom in contravention of this Act, it is first presumed that the owner or person in charge of the conveyance has committed an offense under Para.1 of this Section unless it can be proved that the owner or person in charge was unable to know of the presence of said aliens in the conveyance, even though proper caution was exercised.
Section 64 : Whoever know of any alien entering into the Kingdom in contravention of this Act, and harbours, hides or in any manner assists said alien to evade arrest, shall be punished by imprisonment not exceeding 5 years and a fine not exceeding 50,000 Baht.
Whoever allows an alien entering into the Kingdom in contravention of this Act, to stay with him, it is first presumed that said person is aware that the alien concerned entered into the Kingdom in contravention of this Act, unless it can be proved that he does not know, even though proper caution has been exercised.
If the act committed under Para.1 of this Section is done in order to assist his father, mother, child, husband or wife, the offender may not necessarily be punished by the Court.
Section 65 : Any owner or person in charge of a conveyance who fails to comply with the provision of Section 23 shall be punished with imprisonment not exceeding 5 years or a fine not exceeding 50,000 Baht or both.
Section 66 : Any owner or person in charge of a conveyance who fails to comply with the provision of Section 25, Section 26 Para.1,or Section 27 (2) shall be punished with imprisonment not exceeding 10,000 Baht or both.
Section 67 : Any owner or person in charge of a conveyance who fails to comply with the provision of Section 27(1) Para.1 or fails to cooperate with the competent official accordance with the provision of Section 27(3) shall be punished with a fine not exceeding 20,000 Baht.
Section 68 : Any owner or person in charge of a conveyance who fails to comply with the provision of Section 28 Para.1, shall be punished with imprisonment not exceeding 10,000 Baht.
Section 69 : Any owner or person in charge of a conveyance who fails to comply with the provision of Section 28 Para.2 shall be punished with imprisonment not exceeding 10,000 Baht. for each crew member of the conveyance that he has not turned over to the competent official.
Section 70 : Any conveyance that has an alien passenger who is excludable from entry into the Kingdom according to Section 12(1), the owner or person in charge of the conveyance shall be punished with a fine not exceeding 20,000 Baht for each alien.
Section 71 : Any owner or person in charge of a conveyance who fails to obey the order given by the competent official under Section 29 Para.1, shall be punished with imprisonment not exceeding 5 years and a fine not exceeding 50,000 Baht.
If as a result of non – compliance with the provision of paragraph 1,thus causing the alien to escape , the said owner or person in charge shall be punished with imprisonment not exceeding 10 years and a fine not exceeding 100,000 Baht.
Section 72 : Any alien, who escapes from a conveyance or escapes while on the way to any destination when the competent official has told the owner or person in change of the conveyance to detain the alien or to take the alien , in accordance with the provision of Section 29 or he escapes while under detention or the control of the competent official, said alien shall be punished with imprisonment not exceeding two years or a fine not exceeding 20,000 Baht or both.
Section 73 : Any owner or person in charge of a conveyance who fails to obey the order given by the competent official under Section 30 shall be punished with imprisonment not exceeding 5 years or a fine not exceeding 50,000 Baht or both.
Section 74 : Whoever fails to comply with the provisions of Section 31 or 32 shall be punished with a fine not exceeding 10,000 Baht.
Section 75 : Any alien, who fails to comply with the provisions of Section 37(1) shall be punished with imprisonment not exceeding 1 year or a fine not exceeding 10,000Baht or both.
Section 76 : Any alien, alien, who fails to comply with the provisions of Section 37(2),(3),(4)or(5) shall be punished with a fine not exceeding 5,000 Baht and with and additional fine not exceeding 200 Baht for each day which passes until the law is complied with.
Section 77 : Whoever fails to comply with the provision of Section 38, shall be punished with a fine not exceeding 2,000 Baht. If said person is a hotel manager, he shall be punished with a fine from 2,000 Baht to 10,000 Baht.
Section 78 : Whoever fails to comply with the provision of Section 49 shall be punished with a fine not exceeding 10,000 Baht.
Section 79 : The owner, or person in change of a conveyance, or person issuing a ticket, document or evidence , who fails to comply with the order given by the competent official under Section 56,shall be punished with imprisonment not exceeding 6 months or a fine not exceeding 500 Baht for each day until said alien shall leave the Kingdom but not exceeding 50,000 Baht or both.
Section 80 : Whoever destroys an order given by the competent official under Section 56 Para.2,or causes such order to be blurred with the intention of not letting the owner of the conveyance ,or the person in change of conveyance, or the person issuing the ticket, document or evidence to receive said order of the competent official, shall be punished with a fine not exceeding 50,000 Baht.
Section 81 : Any alien who stay in the Kingdom without permission or with permission expired or revoked shall be punished with imprisonment not exceeding two years or a fine not exceeding 20,000 Baht or both.
Section 82 : Any alien who evades the service of an order issued by the Minister Immigration Commission, Director General, or the competent official designated by the Immigration Commission, which is required to be served upon him [alien] under this Act, shall be punished with a fine not exceeding 50,000 Baht.
If the order as stated in Para.1 is for deportation the offender shall be punished with imprisonment not exceeding two years and fine not exceeding 20,000 Baht.
Section 83 : In the case where the offenders, who shall be punished under this Act are a juristic person, managing director, manager, or representative of such juristic person, they will be punished in accordance with the penalty provided for such offenses unless they can prove that they are not involved in the commission of an offense by said juristic persons.
Section 84 : In all offenses under this Act, except the provisions of Section 62 Para.1 Section 63 , 64, 71 and 82 Para.2. The settlement Commission ,consisting of the Police Department’s Director General or Representative, the Public Prosecution Department’s Director General or Representative, and the Immigration Division’s Commander or Representative, as the, members shall have the authority to assign duty of settlement to the Inquiry Official or the competent official by fixing a settlement rule or any conditions as the Settlement Commission my deem proper.
When the offender has paid the fine as stipulate, the case shall be deemed settled under the Criminal Procedure Code.
Transitory Provisions
Section 85 : It is recognized that any alien who is authorized to stay temporarily in the Kingdom on the date that this Act comes into force is one who has been permitted to stay under this Act, but said alien will be entitled to the rights and benefits only as stated in the previous application.
Section 86 : Any alien allowed to stay temporarily in the Kingdom and who has stayed more than ninety days on the date that this Act comes into force, shall notify the competent official under Section 37(5) within 7 days from the date that this Act comes into force.
Section 87 : The house master, owner, or possessor of a dwelling place, or a hotel manager, who has allowed an alien to remain temporarily in the Kingdom on the date that this Act comes into force. Shall notify the competent official under Section 38 within 30 days from the date that this Act comes into force.
Section 88 : It recognized that a Residence Certificate, issued under the law on Immigration before the date that this Act comes into force and still valid, will be valid as the Residence Certificate issued under this Act.
Section 89 : It is recognized that the endorsement of departure for return, stamped on the alien’s Residence Certificate by the competent official before the date that this Act comes into force, is remain valid as the endorsement issued under this Act.
Section 90 : It is recognized that an alien who is detained for deportation on the date that this Act comes into force, is viewed as one who is detained for deportation under the provision of this Act.
Section 91 : It is recognized that all alien’s applications pending consideration on the date that this Act comes into force are viewed as applications submitted under the provisions of this Act.
Section 92 : All ministerial regulations, regulations, orders, or resolutions of the Immigration Commission under the Immigration Act B.E. 2493 (1950),revised by the Second Immigration Act B.E. 249 (1954), which were still in force before the date that this Act came into force, are still in force if they are not in contravention to this Act, until it would have the ministerial regulation, regulations, orders, or the resolutions of the Immigration Commission under this Act come into force.
Rate of Fees Services Charges and other Expenses Fees

1. Appeal in reference to Section 22 ;


- each person not exceeding 500.00 Baht.
2. Application for extension of temporary stay in the Kingdom in reference to Section 35 ;
- each person, each time, not exceeding 500.00 Baht.
3. Appeal in reference to Section 36 ;
- each person not exceeding 500.00 Baht.
4. Application for each re – entry permit, for holders of any visa application of entry, under Section 39.
- each person, each re – entry, not exceeding 500.00 Baht.
5. Application for residency in the Kingdom in reference to Section 45 ;
- each person not exceeding 2,000.00 Baht.
6. certificate of Residence in reference to Section 47 or 51;
- each certificate not exceeding 50,000.00 Baht.
In the case the applicant for a Residence Certificate is the spouse or the child who is not sui juris of the alien talking residence in the Kingdom or of the person whose nationality is Thai;
- each certificate not exceeding 25,000 Baht.
7. Endorsement of departure for returning in reference to Section 50(1);
- each person not exceeding 500.00 Baht.
8. Certificate of Residence in reference to Section 50(2);
- each certificate not exceeding 5,000.00 Baht.
9. Document issued in reference to Section 52;
- each document not exceeding 500.00 Baht.
10. Application for proof of nationality in reference to Section 57;
- each person not exceeding 200.00 Baht.

Fee for Services and other expenses

1. Inspection of a conveyance during non – duty hours ; if the conveyance has no passengers;


- each conveyance, each time, not exceeding 200.00 Baht.
2. If the conveyance has passengers, the fee will be increased on a per person basis;
- each passenger not exceeding 10.00 Baht.
3. Inspection of a conveyance at a place other than prescribed by the Director General in accordance with Section 26(Para.1)
- each conveyance, each day, not exceeding 200.00 Baht.
4. Waiting for inspection of conveyance which is not the official’s fault;
- each day not exceeding 200.00 Baht.
5. Going out of the office for controlling a conveyance ;
- each conveyance, each day, not exceeding 200.00 Baht.


1 http://www.imm3.police.go.th/eng/eng_law.html, visited June 1, 2004.

2 http://www.imm3.police.go.th/eng/eng_Chapter1.html, visited June 1, 2004.

3 http://www.imm3.police.go.th/eng/eng_Chapter2.html, visited June 1, 2004.

4 http://www.imm3.police.go.th/eng/eng_Chapter3.html, visited June 1, 2004.

5 http://www.imm3.police.go.th/eng/eng_Chapter4.html, visited June 1, 2004.

6 http://www.imm3.police.go.th/eng/eng_Chapter5.html, visited June 1, 2004.

7 http://www.imm3.police.go.th/eng/eng_Chapter6.html, visited June 1, 2004.

8 http://www.imm3.police.go.th/eng/eng_Chapter7.html, visited June 1, 2004.
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