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Thailand Immigration: Can a Blacklisting be Appealed?

Transcript of the above video:

As the title of this video suggests, we are discussing the issue of Blacklisting in Thailand and to not use the colloquial expression let's go ahead and call it Exclusion from Thailand or Finding of Inadmissibility in Thailand. 

Now this is a finding this going to go ahead and be made by an Immigration Officer here in the Kingdom and it should be noted there actually is a form for dealing with this but those watching this video need to be aware of something. I am going to go ahead and put this form up here. This is what is called a TM11 the form is titled: Appeal Against the Order of the Competent Officer to Leave the Kingdom. So this is the form. Do not take away from this video that simply because you can see and print the form, that that is the end of the story. A form like this document, this is very similar to something like the Permanent Residence application form, where the form itself is quite short, but the supporting documentation associated therewith and the procedure associated with that undertaking, you know it is not indicated in the brevity of the form whatsoever. So you know you can see the form but understand there is a whole lot more going on with this. 

I am going quote directly from the form and just basically paraphrase, but then quote directly:  So,  I and then you state your name etc., etc., etc., have received a notice from an Immigration Officer that I am prohibited from entering the Kingdom under Section "blank” of the Immigration Act and I shall leave the Kingdom.

So again,  this is the form and basically one can be found to not be admissible to Thailand and although I think the likelihood of overturning that finding especially depending on the section of the law under which an individual has been found inadmissible, I think overcoming that finding is going to be very difficult. There are certain circumstances where perhaps it may be possible so while I will not go out on a limb and say appealing a blacklisting is easy, it may be possible depending on the circumstances, it may be possible to appeal a decision and have a prior decision reversed with respect to the revocation of a Visa or denial of entry or denial of returning to Thailand; so-called blacklisting.  So while I think it is possible, those who are thinking about this really, really should seriously consider retaining the services of professional legal advisers who have a pretty deep understanding of the appellate process, or more importantly the specific Immigration appellate process, because this is not garden-variety Immigration work. Appealing something like this would be substantial. Again the brevity of this document does not belie the real situation; there is going to be a lot. I would think that if you filed one of these, the paper underneath this would be like a phone book, if you will.

So the thing to take away from this video, while theoretically possible, appealing a blacklisting,  appealing a deportation, appealing a denial of entry, appealing a revocation of Visa status, all of these are theoretically possible but as a practical matter I think it is going to be very difficult to see it through. That being said, things that are possible can end up successful, so depending on the given circumstances of the case it may be worthwhile to explore one's options associated with appealing a prior decision to ban someone from the Kingdom.