Thailand’s New Deportation Rules Effective 28 August 2026

New deportation rules governing foreign nationals in Thailand took effect on 28 August 2026. They are contained in the Regulation of the Office of the Prime Minister on Deportation B.E. 2569 (2026).

The regulation was signed by Prime Minister Anutin Charnvirakul on 26 August and published in the Royal Gazette on 27 August 2026. It sets out a more detailed administrative procedure under Thailand’s existing deportation framework.

The regulation does not make deportation automatic. A deportation order in an individual case must be issued by the Minister of Interior.

Conduct affecting public order or public well-being

The Permanent Secretary for Interior, or an authorised official, may submit a case to the Minister of Interior where a foreign national’s conduct or circumstances are contrary to public order, good morals or the well-being of the public.

This provision also applies to persons who instigate or support such conduct. It is broader than the separate procedure for the specific offences listed below.

Offences specifically covered by the regulation

The regulation establishes a procedure for foreign nationals convicted by a final court judgment of:

  • entering or remaining in Thailand unlawfully;
  • working in breach of the law governing the employment of foreign workers;
  • conducting business in breach of the Foreign Business Act;
  • forging or using forged official documents;
  • an offence for which the law prescribes imprisonment for five years or more; or
  • acting as a principal, instigator or supporter in any of the offences above.

The Foreign Business Act is expressly mentioned, but the regulation does not separately list “nominee arrangements” as an independent category.

Final judgment and reporting procedure

Where a final judgment imposes imprisonment, the Minister of Interior may issue a deportation order after the foreign national has fully served the sentence and been released.

The Department of Corrections must provide the relevant information to the Permanent Secretary for Interior, or an authorised official, at least 15 days before release. The case is then submitted to the Minister of Interior without delay.

If a final judgment imposes a suspended term of imprisonment or a fine, the Office of the Judiciary must promptly provide the relevant information for consideration under the same procedure.

These notifications begin the administrative process. They do not themselves amount to a deportation order.

Re-entry restrictions

A deportation order may specify a period during which the foreign national is prohibited from re-entering Thailand. In deciding whether to issue an order and how long the restriction should apply, the authorities must consider applicable laws and regulations, Cabinet resolutions and Thailand’s international obligations.

Country of removal and humanitarian safeguards

As a general rule, a person subject to deportation is sent to their country of nationality. If nationality cannot be established, the person may be sent to the country where they resided immediately before entering Thailand.

The regulation also provides a procedure for removal to another country where return would expose the person to a risk of torture, cruel, inhuman or degrading treatment or punishment, or enforced disappearance. This requires a diplomatic request from another state or an international organisation, the foreign national’s written consent and an undertaking by the requesting party to cover the relevant costs.

The transfer should be completed within 30 days after Thailand receives the request. The Minister of Interior may extend the period twice, for no more than 30 days each time.

Separately, the Prime Minister may revoke a deportation order or direct that the person not be removed from Thailand.

What the new rules mean in practice

The regulation creates a clearer route for authorities to collect information, submit cases and issue deportation and re-entry orders. Immigration, employment, business-law or criminal violations may bring a foreign national within the procedure, but a violation alone does not produce automatic deportation.

The practical consequences will depend on the facts of each case, the final court judgment where required and the decision of the competent authorities.

Official source: Royal Gazette — Regulation of the Office of the Prime Minister on Deportation B.E. 2569 (2026).

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All articles are for informational purposes only and do not constitute legal advice.

Mikhail Borodin - Managing Partner, AIM Bangkok

About the author

Mikhail Borodin

Managing Partner

A Russian-qualified lawyer, Mikhail has advised businesses on foreign direct investment, corporate matters and cross-border transactions since 1997. He began his career with leading German business law firms in Russia and later worked for international law firms in Bangkok. Today, with AIM Bangkok, he guides companies and private clients through market entry, investment, real-estate transactions and relocation to Thailand. Mikhail speaks fluent English, German and Russian — and is learning Thai. He is not admitted to practise law in Thailand; advice on matters of Thai law is provided by the firm’s Thai-qualified lawyers.