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You Don't Need to Be Blacklisted to Be Denied Entry to Thailand
Transcript of the above video:
As the title of this video suggests, we are discussing Blacklisting and there is a bit of a misconception with regard to Blacklisting. Yes for example in the context of overstaying Thailand, if you stay over your Visa status by more than 90 days you are summarily Blacklisted. Depending on the amount of time you overstay will dictate the amount of blacklisting.
Now that said, just because you are not on the Blacklist anymore, so your "Blacklisting" has ended, that alone does not mean you have an automatic right of reentry. In point of fact, Immigration history is now pretty well noted in the Immigration system, the database here in Thailand and prior overstays are only a part even if you don't have a presumptive Blacklist, that is only a part of the analysis that an Immigration Officer can do at the Port of Entry or even before. As we have discussed the APPS system you could see folks that may have a prior criminal record here in Thailand or elsewhere, being denied access to boarding a plane even to come to Thailand. Now circumstances vary on that and I am not going to get too deep into that. Let's kind of look at this from the standpoint of the Immigration Officer at a border crossing. They may look at your history in the system and it is not just blacklisting, there are a number of reasons, National Security, Public Health and Safety just to cite two things under the Immigration Act of '79 that a Thai Immigration Officer can use as a basis to deny entry to someone. They don't really need, it is highly discretionary. It is akin to section 214(b) of the Immigration and Nationality Act in the United States and what is called the Doctrine of Consular Absolutism which provides a great deal of adjudicatory discretion, if not unfettered adjudicatory discretion and to kind of make it analogous here to Thailand, that discretion used by an Immigration Officer is, again it is hard to use a word other than unfettered. Yeah there are some constraints, I mean they can't just deny everybody and there is a, it is not a review process but it is more just a recordation of a denial of entry and possibly at some point down the road perhaps someone within the Immigration apparatus might ask that Officer why they made that decision but frankly they take the view that they are the finder of fact and they are sort of the person on the scene and they are not really going to override that in any way.
So going back to the main thrust of the point of this video is yeah, just because you are not on the Blacklist anymore, does not necessarily mean you are going to be able to enter the Kingdom of Thailand.