Deportation from Thailand (Immigration Act, Section 54)

Révisé par ThaiLawOnline, un cabinet d'avocats thaïlandais agréé exerçant en Thaïlande depuis 2006. Avocate thaïlandaise en charge du dossier : Wichuda Atthamethakon, LL.M., licence du barreau thaïlandais 3149/2556.

Dernière mise à jour le 5 septembre 2026

Déportation (การเนรเทศ, nerathet, or in the Immigration Act’s own words การส่งกลับ, song klap, removal) is the compulsory sending of a foreigner out of Thailand by the state. In practice almost all removals are made by the Immigration Bureau under Section 54 of the Immigration Act B.E. 2522 (1979), which applies to any foreigner who entered without permission or whose permission to stay has expired or been revoked. A separate and older Deportation Act allows the Minister of Interior to expel a foreigner on public-order grounds. Both end with detention, a flight paid by the foreigner and an entry ban.

Who can be deported and under which law

Article 54 lets the competent official send out any foreigner who entered unlawfully or whose stay has ended, and detain the person pending removal. Section 12 lists the persons refused entry, including anyone imprisoned by a Thai or foreign court other than for a petty or negligence offence, and, in its last paragraph, anyone previously deported or whose permission to stay was revoked. Section 36 allows the Director-General of Immigration to revoke a stay when the foreigner falls into a Section 12 category or a court has convicted them.

The ministerial route under the Deportation Act is reserved for public-order and morals cases and requires an order of the Minister of Interior, with an appeal to the Prime Minister within 7 days that suspends the removal. Overstayers, illegal workers and convicted persons all go through Section 54. A 2026 regulation lists the categories that trigger removal: unlawful entry or stay, unlawful work, unlawful business, document forgery, and any offence carrying 3 years or more.

Detention, costs and the practical timeline

A person awaiting removal is held at the Immigration Detention Centre (IDC), in Bangkok at Suan Plu, or at a provincial immigration holding cell. Detention beyond 48 hours needs a written extension by the official for up to 7 days, and beyond that the court’s authorisation in blocks of 12 days, with no overall limit. Section 55 puts the cost of removal on the carrier that brought the person in, and otherwise on the foreigner, so the detainee, family or embassy buys the ticket, and a person without funds stays in the IDC until someone does.

Un overstay arrest goes to court first, where the fine under Section 81 is imposed, and then to the IDC. Immigration caution is possible, around 50,000 baht with a Thai guarantor and monthly reporting. Bring the passport; a lost or expired passport adds weeks while the embassy issues a travel document. The order to leave is made on the immigration form, and the appeal, where one exists, is filed on form TM11 within 48 hours.

Deportation, extradition and the blacklist compared

Deportation is an administrative act by immigration; extradition is a court procedure at the request of a foreign state under the Extradition Act. Many so-called extraditions of foreign fugitives from Thailand are in fact visa revocations followed by deportation to the home country. A deported person becomes a prohibited alien under Section 12 and is entered on the blacklist: for overstay the ban runs from 1 to 10 years on a published scale, while for deportation after a criminal conviction there is no published scale and entries are commonly for decades or permanent.

Foire aux questions

Who pays for deportation from Thailand?

Under Section 55 of the Immigration Act the carrier that brought the foreigner in is liable, and otherwise the foreigner. In practice the detainee, relatives or the embassy buy the ticket, and the person remains in the Immigration Detention Centre until it is bought. Thailand does not normally fund removals.

Can you appeal a deportation order in Thailand?

It depends on the ground. A ministerial deportation order under the Deportation Act can be appealed to the Prime Minister within 7 days and the removal is suspended meanwhile. An order to leave by an immigration official can be appealed to the Minister within 48 hours on form TM11, but there is no statutory appeal for persons refused entry as prohibited aliens, such as previously deported or blacklisted persons.

Can a deported person come back to Thailand?

Only after the blacklist period expires or the entry is lifted. Overstay bans run 1 to 10 years, while deportation after a criminal conviction produces a long or indefinite ban. Removal can be requested by petition to the Immigration Bureau or by an Administrative Court challenge, generally within 90 days of the order.

Voir aussi : immigration blacklist, overstay, extradition, Bureau de l'immigration, and the guides deportation from Thailand: the 2026 rules ET visa overstay, criminal charges and blacklists.

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