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Arrested because of overstay.


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48 minutes ago, 007 RED said:

FYI.....  Under the Thai Immigration Act B.E. 2522, Chapter 6 - Deportation of the Aliens, it clearly defines that the offender shall bear the cost of the conveyancing to their home country.

 

If a deportee does not have access to funds to purchase a ticket they stay in Thai Immigration Detention Centre in Bangkok.  I am reliably informed that there are people have been stuck there for years and their governments are unwilling to offer them any form of financial assistance to enable them to return to their home country.  It's a case of 'rot in hell'.

Shows the stupidity of the Thai legal system. Instead of getting rid of the foreigner they leave them filling the prisons. Now I'm aware that a prisoner in Thailand doesn't cost much compared to the West but it's still a breathing body that needs to be handled.

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On 8/11/2020 at 5:56 PM, RichardColeman said:

Must have abused the visa system badly if he arrested in an amnesty !

The amnesty only covers a permission to stay from March 26 and later. If his permission to stay expired before then, he would be on overstay.

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2 hours ago, DrJack54 said:

There have been many folk at various stages of planning for options when amnesty ends. Some saying I can stay 89 days avoid a ban and pay 20k at airport.

Only if your not caught before reaching the airport for departure.

If your arrested it's a 5 year ban from the date of departure.

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I suspect as the end of the amnesty period arrives we're going to see more stories like this. Imagine if you got the dates wrong and your stay of entry expired on March 25th and you're planning to leave in the next 2-3 weeks. There's probably people who made this error and are going to pay for it dearly.

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6 minutes ago, genericptr said:

I suspect as the end of the amnesty period arrives we're going to see more stories like this. Imagine if you got the dates wrong and your stay of entry expired on March 25th and you're planning to leave in the next 2-3 weeks. There's probably people who made this error and are going to pay for it dearly.

They pay 20k on the way out and are good to go.

If they planned to come back to Thailand in the future it does of course ruin their plans.

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4 hours ago, FlyingThai said:

Btw is this an anomaly applicable to Thailand that a detainee scheduled for deportation has to pay for his own flight? Usually deportees are put on a plane and "shipped out", paid for by the government.

 

How long do they want to keep a person in jail if there is no money to buy a ticket?

Whitch coverment pay ticket to overstay people? You think Thailand pay :cheesy:

They can keep person in prison forever!

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2 hours ago, genericptr said:
2 hours ago, jackdd said:

They pay 20k on the way out and are good to go.

So why did this guy get arrested?

 

If you show up at the airport departure area on your way out, you get fined (and blacklisted if the overstay is a long one).  Then you just get on your plane.

 

If you're caught before you get to the airport, you get arrested.  Then you get fined, blacklisted (regardless of the length of overstay), and charged for a flight.  If you can't pay for the flight, you rot in IDC until you can.

 

The friend of the OP was apparently caught somewhere other than the airport.  Could have been as simple as a traffic stop...

 

If I was tooling around Thailand on overstay- even a day or two, my sphincter muscles would be too tight to walk right...

 

Edited by impulse
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On 8/11/2020 at 6:00 PM, DrJack54 said:

"Must have abused the visa system badly if he arrested in an amnesty !"

 

Why? 

If he was on overstay prior to the amnesty, he should be sent straight to IDC.

There is that live and let live attitude on thaivisa I have come to cherish.

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5 hours ago, ballpoint said:

The OP mentions a court appearance in Trat.  This wouldn't be the same Swiss guy who was allegedly arrested for Covid-19 curfew violation on Koh Chang?

It seems a bit odd that he has to travel from Bangkok to Trat for an overstay

courtcase, unless there are other IDC's throughout the country.

 

I also thought this may be the same guy, and maybe after his initial arrest immigration

looked at his visa situation.

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11 hours ago, DrJack54 said:

Good advice RED. 

Seem to recall your very across this issue from previous threads.

Do you have any guesstimate to the "hidden costs". Regarding transport to Bangkok (think he is currently Trat). Then of course from IDC to airport.

With many flights out being cancelled, it will be tricky. 

Reports in AU news of folk repatriating back to AU (not deported) being "advised" to purchase business class+ to ensure ticket.

qatar are still flying cheapest 1 way ticket(which is all he needs) 16.500 baht 23hrs or 31.000 for shorter flight times so not so bad

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15 hours ago, holy cow cm said:

Just curious. How on earth did they catch him? Where? Good luck!

There was a lot of police cars on Koh Chang around the 5/6th Aug, i live up a small soi and one parked outside my gate for about 15 min, ???? the next day i saw 3or 4 police cars waiting for the 7am ferry. They could have simply gone to his last known address.

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6 hours ago, shy coconut said:

It seems a bit odd that he has to travel from Bangkok to Trat for an overstay

courtcase, unless there are other IDC's throughout the country.

 

I also thought this may be the same guy, and maybe after his initial arrest immigration

looked at his visa situation.

Koh Chang IS in Trat.

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5 minutes ago, Don Chance said:

It's funny how you are out of Thailand for a while and you forget about how barbaric a country it is. I start to wonder why i want to come back to such a place?

IDC1.jpg

I wonder if still looks like this?

Is that you in the background?

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2 hours ago, brianthainess said:

There was a lot of police cars on Koh Chang around the 5/6th Aug, i live up a small soi and one parked outside my gate for about 15 min, ???? the next day i saw 3or 4 police cars waiting for the 7am ferry. They could have simply gone to his last known address.

Interesting the efforts they make just to nab someone on a puny little overstay. 

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8 hours ago, Dave0206 said:

qatar are still flying cheapest 1 way ticket(which is all he needs) 16.500 baht 23hrs or 31.000 for shorter flight times so not so bad

Dave…. Like you’re thinking, but unfortunately it isn’t quite that simple. 

 

Air transportation of deportees is governed by international regulations which are laid down by the International Civil Aviation Organisation (ICAO), who operate under the auspices of the United Nations (UN).

 

Firstly, the deportee should be transported back to their home country by the most direct route, and whenever possible by the national carrier of the deportee’s home country, if there is one.  It should be noted that if a national carrier is available they cannot refuse to transport the deportee unless there are serious concerns about the deportee (as given below). 

 

In cases where there is no direct route, or no national carrier, and a stop over and/or a change of carrier is involved, the carriers involved in transporting the individual back to their home country will need to agree to transport the deportee. In this situation non-national carrier(s) can refuse to transport the deportee because of the additional costs that they will incur due to providing security, accommodation etc during the stop over (risk of the deportee doing a runner during the stop over).

 

Secondly Immigration must carry out a comprehensive risk assessment of the individual and this must be submitted to the carrier(s) before they agree to transport the individual.  If the deportee has shown any tendency towards violence, abusive behaviour or have serious mental health issues the airline (even the national carrier) can refuse to transport the person if they are not escorted.

 

Obviously if an escort(s) is/are required the deportee will also bear the additional cost involved with providing the escort(s) e.g. return airfares, accommodation and possibly salary etc.

 

Thirdly, Immigration will need to approve any proposed transportation/routing of the deportee as they (Immigration) will notify their counterparts in the deportees home country (and stop over if applicable) of the pending arrival of the deportee and reasons for the deportation, so that a ‘welcoming party’ can be arranged.

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IDC is very finiky about what flights he will be allowed on. Ideally they prefer a direct flight. Flights with layovers of any long duration won't be booked. Don't expect them to choose the cheapest flight either. Usually the detainee will be held a few weeks while waiting processing of fingerprints is completed and checked with Interpol. Completely agree with Ubonjoe that monies be handled through the relevant embassy to ensure no <deleted>ery. If possible bring food on regular basis.

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