Fact-checked by Barrister Garn Tuntasatityanond, Barrister-at-Law and licensed Thai lawyer (Thailand Lawyer Licence No. 3417/2553), on 9 October 2026.
Thailand’s Prime Minister’s Office Regulation on Deportation B.E. 2569 (2026) took effect on 28 August 2026. It does not create deportation power for the first time and does not mean that every foreign national who is fined will automatically be deported. Its principal significance is procedural: it sets out how authorities report cases, refer information to the Minister of Interior and arrange the removal of a person who is subject to a deportation order.
For a foreign national facing criminal proceedings, the practical lesson is important. Completing a sentence, paying a fine or receiving a suspended sentence may conclude one part of the criminal case, but it does not necessarily determine the separate question of whether the person may remain in Thailand.
What changed on 28 August 2026?
The Regulation was signed on 26 August 2026, published in the Royal Gazette on 27 August 2026 and, under Clause 2, came into force on the following day. The official three-page text is available in the Royal Gazette — Prime Minister’s Office Regulation on Deportation B.E. 2569 (2026). The instrument should also be searched by its exact Thai title, “ระเบียบสำนักนายกรัฐมนตรี ว่าด้วยการเนรเทศ พ.ศ. 2569,” in the Office of the Council of State law database.
The Regulation clarifies the administrative chain between courts, prisons, immigration-related authorities and the Ministry of Interior. Among other matters, it addresses:
- reporting conduct considered contrary to public order, good morals or public welfare;
- six groups of offences or forms of participation considered under Clause 5;
- notification before a prisoner is released;
- notification where a final judgment imposes a fine or a suspended term of imprisonment; and
- arrangements for removal, including a formal request by another country or an international organisation in specified circumstances.
What did not change?
Thailand already had a statutory power to deport foreign nationals. Section 5 of the Deportation Act B.E. 2499 (1956) authorises the Minister to order the deportation of a foreign national where this is necessary for public order or good morals, for a period the Minister considers appropriate. It also permits the Minister to revoke the order if circumstances change. The section contains a specific exclusion for a person who previously acquired Thai nationality by birth. See the current Deportation Act in the Office of the Council of State database, Section 5.
The 2026 Regulation therefore primarily provides a clearer operating procedure for using an existing statutory power. It should not be described as an automatic-deportation law.
| Issue | Existing legal basis | What the 2026 Regulation clarifies |
|---|---|---|
| Power to order deportation | Ministerial power under Section 5 of the Deportation Act | The route for reporting and referring the matter to the Minister |
| Public-order concerns | The statutory public-order and good-morals test | Reporting under Clause 4, including alleged instigators or supporters |
| Release from prison | Separate criminal and deportation processes | Advance notification by the Department of Corrections |
| Fine or suspended sentence | A criminal judgment does not itself answer every immigration issue | Notification by the Office of the Judiciary under Clause 5 |
| Removal to another country | Subject to applicable Thai law and international obligations | Conditions and time limits for a diplomatic request under Clause 8 |
Clause 4: public-order conduct is a separate ground for review
Clause 4 addresses a foreign national whose behaviour or circumstances are considered contrary to public order, good morals or public welfare. It provides for the Permanent Secretary for Interior, or an authorised person, to report the matter to the Minister for a deportation order. The wording also extends to a foreign national alleged to have instigated or supported that conduct. See Clause 4 of the 2026 Regulation in the Royal Gazette and the OCS database search for the current instrument.
This clause should not be confused with the six categories in Clause 5. A lawyer assessing risk should ask both whether the case falls within Clause 5 and whether the authorities are relying separately on public-order circumstances under Clause 4.
An accusation, complaint or news report does not prove that the alleged conduct occurred or that a deportation order is lawful. The evidence, reasons, decision-maker and statutory basis must be examined in the individual case.
Clause 5: the six groups identified by the Regulation
Clause 5 concerns specified offences and forms of participation. In summary, the listed groups cover:
- unlawful entry into or stay in Thailand under immigration law;
- unlawful work under the law governing foreign workers;
- unlawful business activity under the Foreign Business Act framework;
- forgery of an official document or use of a forged official document;
- an offence for which the law prescribes imprisonment of five years or more; and
- participation as a principal, instigator or supporter in the preceding conduct.
The fifth category refers to the punishment prescribed for the offence; it should not be paraphrased as requiring the court to impose an actual five-year sentence in every case. The sixth category also requires analysis of the person’s real role and the elements of criminal participation. Mere contact with an accused person is not enough by itself. Review Clause 5 in the official Royal Gazette text and search the exact title in the OCS law database.
Why the 15-day prison notification matters
Where a person within Clause 5 is serving a sentence, the Regulation requires the Department of Corrections to send the relevant information before release, with the source text specifying a period of not less than 15 days. This enables the deportation process to be prepared before the person completes the prison sentence.
This 15-day period is an inter-agency notification period. It is not the deadline for the foreign national to appeal a deportation order. A family or employer should not assume that release from prison means the person will immediately be free to return home, resume work or travel. The existence of any immigration detention, referral or deportation order must be checked separately.
A fine or suspended sentence does not mean automatic deportation
The final paragraph of Clause 5 addresses a final judgment imposing imprisonment with suspension of punishment, or a fine, and provides for the Office of the Judiciary to notify the designated Ministry of Interior official for urgent consideration. See the official text of Clause 5.
Three distinctions are essential:
- Finality of the judgment: paying money does not by itself establish that every procedural stage of the case has ended.
- Notification: an agency’s transmission of information is not itself a deportation order.
- Scope: the final paragraph must be read with the listed categories and the legal basis relied upon; it should not be treated as covering every ticket or administrative payment.
Accordingly, paying a court-imposed fine is not a guarantee that no deportation review will follow, but neither is every fine an automatic route to deportation.
International obligations remain relevant
Clause 6 requires a deportation decision to take account of applicable laws, regulations, Cabinet resolutions and Thailand’s international obligations. Clause 8 provides a procedure under which another country or an international organisation may make a request through diplomatic channels for transfer to the requesting country or a third country in specified circumstances, subject to the prescribed conditions, written consent and time limits. See Clauses 6–8 of the 2026 Regulation.
Separately, Section 13 of the Prevention and Suppression of Torture and Enforced Disappearance Act B.E. 2565 (2022) prohibits expelling, returning or extraditing a person where there are substantial grounds for believing that the person would be in danger of torture, cruel, inhuman or degrading treatment, or enforced disappearance as specified by the section. See the current Act in the OCS database, Section 13.
A third-country transfer is therefore not a general right to choose a destination. The request, consent, timing, expenses, acceptance by the destination and non-refoulement obligations must all be examined.
The critical appeal periods: seven days and 15 days
Sections 7 and 8 of the Deportation Act establish two different time periods:
- Seven days from learning of the deportation order: Section 8 permits the person to appeal to the Prime Minister for revocation of the order or for relief from removal.
- Fifteen days from notification of the order: Section 7 prohibits removal before that period expires. If an appeal is lodged under Section 8, removal must be stayed until the Prime Minister decides it.
These are verified in the OCS consolidated Deportation Act, Sections 7 and 8. They must not be confused with the separate 15-day prison notification described above.
Do not confuse deportation with revocation of permission to stay
A notice described informally as a “deportation” document may in fact be based on a different law. For example, Section 36 of the Immigration Act B.E. 2522 (1979) allows the Director-General of the Immigration Bureau or the Immigration Commission to revoke temporary permission to stay where circumstances warrant. If the Director-General makes the order, the foreign national may appeal to the Immigration Commission within 48 hours from learning of the order, subject to the statutory procedure. See the OCS consolidated Immigration Act, Section 36.
By contrast, an appeal against a Deportation Act order follows Section 8 of that Act. The label used in conversation is not decisive. Counsel should immediately identify the document, issuing authority, legal provision and recorded time of service.
Can a person return to Thailand after the stated period?
The Regulation permits a deportation order to specify a period during which the person may not re-enter Thailand; it does not set one universal period for every case. The actual order must be read.
In addition, Section 12(11) of the Immigration Act treats a person who has been deported by the Thai Government, or by another government in specified circumstances, as prohibited from entering, subject to the section’s case-specific ministerial exception. See the OCS Immigration Act, Section 12(11).
The correct analysis therefore asks two questions: has the period stated in the deportation order ended, and does another immigration-law restriction still apply? Expiry of one period should not be presented as a guarantee of re-entry.
What should a foreign national do after receiving an order?
- Keep the complete order and every attachment. Record the exact date and time it was received or learned of.
- Identify the legal basis immediately. Determine whether the document is issued under the Deportation Act, the Immigration Act or another law.
- Protect the shortest deadline first. A seven-day or 48-hour period can be lost while parties wait for non-essential documents.
- Obtain the criminal case record. Collect the charge, judgment, proof of finality, fine receipt and release documents.
- Prepare relevant personal evidence. Family responsibilities, genuine care of a Thai spouse or child, health issues, lawful work and business ties may be relevant, but they are not an automatic defence.
- Check for detention and travel arrangements. Release from the criminal process does not necessarily end immigration custody or removal arrangements.
For more detail on the separate immigration process, see our article on marriage-visa revocation and the 48-hour appeal in Thailand.
What should employers do?
Employers should confirm that the employee’s actual activities match the permission to stay and work, and should designate a responsible person for urgent government notices. If a foreign employee is arrested, prosecuted or receives an official document, the employer should ensure that the document reaches the responsible lawyer promptly rather than assuming that payment of a fine ends every issue.
Records should include the passport, current permission to stay, work authorisation, charge documents, judgment, receipts, release documents and proof of service of any order. Sensitive documents should be transmitted only through a secure agreed channel.
Frequently asked questions
Is the 2026 Regulation a new Deportation Act?
No. It is a Prime Minister’s Office regulation governing procedure. The principal statutory power already existed under the Deportation Act B.E. 2499 (1956). The two instruments must be read together.
Does every foreign national who pays a fine now face automatic deportation?
No. Notification and consideration are not the same as a deportation order. The nature of the offence, final judgment, relevant category under the Regulation, evidence and legal basis must be examined. Paying a fine also does not guarantee that no separate deportation process will follow.
Does the offence always require an actual five-year prison sentence?
No. The relevant Clause 5 category refers to an offence for which the law prescribes imprisonment of five years or more. The statutory maximum must be checked; it is not limited to the sentence ultimately imposed after mitigation.
Is the appeal period 15 days?
Not under Section 8 of the Deportation Act. That appeal must be filed within seven days from learning of the order. The Act’s 15-day period restricts removal after notification, while the Regulation’s separate 15-day period concerns advance prison notification.
Can a person always choose to go to a third country?
No. Clause 8 requires a formal diplomatic request and other conditions, including written consent and arrangements concerning acceptance and expenses. Other Thai laws and non-refoulement obligations may also apply.
When should legal advice be obtained?
Risk should be assessed while the criminal case is still being managed. If an order has already been received, legal advice should be obtained immediately because the applicable deadline may run from the precise date and time of knowledge or service.
Conclusion
The 2026 Regulation makes the deportation workflow more explicit, but it does not turn every fine, suspended sentence or accusation into automatic removal. The decisive task is to identify the legal instrument being used, the authority that issued the document, the evidence relied upon and the correct deadline.
Siam Center Law Group can review the order, criminal case documents and immigration status, and advise on the available procedure after the relevant facts and deadlines have been confirmed.
This article provides general legal information and is not advice for any individual case. The current law, the actual order and the specific facts must be reviewed before action is taken.
Official legal sources
- Royal Gazette — Prime Minister’s Office Regulation on Deportation B.E. 2569 (2026)
- Office of the Council of State — Deportation Act B.E. 2499 (1956)
- Office of the Council of State — Immigration Act B.E. 2522 (1979)
- Office of the Council of State — Prevention and Suppression of Torture and Enforced Disappearance Act B.E. 2565 (2022)
- Office of the Council of State — search the exact title of the 2026 Regulation
