Fortify Rights expresses concern over newly enacted deportation regulations

Mizzima

The Thai government should conduct a prompt review of the newly enacted deportation regulations to address concerns over the lack of key safeguards to protect refugees from being forcibly returned to persecution, torture, enforced disappearance, or death, and ensure the strict and effective implementation of the principle of non-refoulement, Fortify Rights said 7 September.

On August 27, 2026, the Thai government approved new deportation procedures, rejecting civil organizations’ calls for a comprehensive review and greater human rights provisions in the law.

On August 27, 2026, the Thai government announced the Prime Minister’s Office Regulation on Deportation B.E. 2569 (2026) in the Royal Gazette, bringing the regulations into force the following day, following the Thai Cabinet’s approval on July 14, 2026. The regulation states that its purpose is to enable the prompt deportation of “undesirable” foreigners who unlawfully enter or remain in Thailand, citing the protection of public order and morality, as well as the safety and security of Thai people and foreigners residing in the country.

The Regulation sets out grounds for deportation based on both broadly defined conduct considered contrary to “public order, morality, or the well-being of the people” and six specified categories of conduct. These include Clause 5 (1), which addresses foreigners entering or remaining in Thailand unlawfully under immigration law, the most common charge used against for refugees. In such cases, the regulation provides that the Permanent Secretary of the Ministry of Interior, or an authorized official, reports to the Minister of Interior for the issuance of a deportation order.

Clause 6 of the Regulation contains the only procedural safeguard, which requires authorities issuing a deportation order to “take into account Thailand’s relevant international obligations.” The provision appears to reflect concerns raised by the Ministry of Foreign Affairs (MFA) throughout the drafting process, particularly over the failure of the bill to include of non-refoulement.

The MFA was not alone in emphasizing the need for the Regulation to comply with Thailand’s international obligations. Refugee concerns in Thailand have been considered as matters of national security, with the National Security Council (NSC) playing an important role in defining policy and direction for refugees while frequently ignoring the international human rights protections of refugees. On July 6, 2026, according to the document on file with Fortify Rights, the NSC agreed in principle to the draft regulations while noting that, “[T]he implementation of this draft regulation should strictly comply with relevant domestic and international laws, taking into account national security, human rights, and international relations.” However, this Regulation does not strictly require authorities to conduct the screening prior the removal.

Beyond the potential of refoulement, the Regulation raises concerns about a lack of access to third-country resettlement, by failing to provide adequate procedures for assessing risks before pushbacks. According to Clause 8 of the Regulation:

In the case where another country of which the person subject to the deportation order does not hold nationality, or an international organization, as the case may be, submits a request through diplomatic channels no later than seven days from the date the person was ordered deported, asking that Thailand send that person to a third country … The person shall be transferred to that third country. … If the deportee cannot be transferred to a third country for any reason, the officials shall promptly proceed in accordance with Clause 7.

According to Clause 7 of the Regulation, “[T]he competent official is required to return the person to the country of which they are a national. In the case that the person’s nationality cannot be determined, the officials must send them to the country where they last reported residing before entering Thailand.” This Regulation is silent on what happens to the vast majority of refugees in Thailand who are never granted third-country resettlement, and it also establishes a timeframe that allows Thai authorities to push refugees back, while failing to address the broader protection needs of refugees who do not qualify for third-country resettlement.

Thailand ratified the Convention Against Torture (CAT) in November 2007. Article 2 of the CAT requires states parties to take effective measures to prevent acts of torture, which is an absolute and non-negotiable right. In its General Comment No.2, the United Nations Committee Against Torture emphasized that state parties are obligated to eliminate any legal or other obstacles that impede the eradication of torture. This duty to prevent also requires states to take action where they know, or should know, that a person faces a real risk of torture, including the risk of torture when they are refouled to their home country. Similarly, under Articles 6 and 7 of the International Covenant on Civil and Political Rights, to which Thailand has been a party since 1997, states must not deport, expel, or otherwise remove a person where there are substantial grounds for believing they face a real risk of irreparable harm, including violations of the right to life or freedom from torture and cruel, inhuman, or degrading treatment. Thailand has further codified this obligation in Section 13 of the Prevention and Suppression of Torture and Enforced Disappearance Act B.E. 2565 (2022), reinforcing its duty to prevent refoulement. These obligations require Thailand not only to refrain from directly violating these rights, but to establish effective safeguards to prevent foreseeable violations through deportation.

Thailand has a long history of forcibly returning refugees to countries where they may face serious human rights violations, despite its international obligations to prohibit refoulement.

On April 17, 2026, Fortify Rights submitted a stakeholder submission in preparation for Thailand’s fourth Universal Periodic Review in November 2026. The submission expresses concern about Thailand’s systematic forced return of refugees, including the cooperation between Thai authorities and the Myanmar military junta in the forced return of thousands of Myanmar nationals between 2024 and 2025, and the pushback of more than 40 Uyghur refugees into China.