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Treaty with Thailand does not allow courts to review investor visa denials- D.C. Circuit | Reuters


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Treaty with Thailand does not allow courts to review investor visa denials- D.C. Circuit | Reuters

By Daniel Wiessner

 

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A U.S. appeals court on Friday rejected claims by two Thai nationals and a North Dakota restaurant where they worked that a treaty between the U.S. and Thailand provided an exception to the rule that courts cannot review the government’s denial of visa applications.

 

A unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit said a provision of the 1966 treaty that grants Thai citizens in the U.S. “free access to courts of justice” applies only to procedural matters such as legal aid and security for judgments, and does not override the principle of “consular nonreviewability.”

 

To read the full story on Westlaw Today, click here: bit.ly/39avFte

 

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-- © Copyright Reuters 2021-01-23
 

 

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It's called reciprocity, get used to it - I have a feeling there's going to be a lot of it handed out over the next few years from all around the world.

 

Also the UK is no longer locked into EU laws so I expect some quite dramatic changes there over the next few years.

Edited by ukrules
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25 minutes ago, ukrules said:

It's called reciprocity, get used to it - I have a feeling there's going to be a lot of it handed out over the next few years from all around the world.

 

Also the UK is no longer locked into EU laws so I expect some quite dramatic changes there over the next few years.

Are you the spokesman for the reform party?

 

What is being reciprocated? And what dramatic changes will be made over the next few years?

 

 

 

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2 hours ago, shy coconut said:

Are you the spokesman for the reform party?

 

What is being reciprocated? And what dramatic changes will be made over the next few years?

 

 

 

It's already started.

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8 hours ago, Somchai Jackson said:

That prejustice is a Trump era wrong that President Biden and real Americans will make right who understand that we are a nation of immigratants and all should be let in if they want to come to the USofA. 
Those good Thai people just trying to make a living and live the American dream and here the courts are kicking them out like they're animals. 
Hopeful those Thais and 10 million more immigrants are allowed in immediately to work and send money back to their poor families.

 

Fascinating. I did not realize that Trump was president in 2003 when my Thai girlfriend was summarily rejected for a tourist visa, despite meeting every requirement, simple because she was a 30-something Thai woman. The State Department has had a long standing bias against Thai nationals, which seems a bit overdone from my point of view. Thai people are not known for terrorism, or subversion of governments, or any other seriously negative factor. I believe the US should welcome more Thais into the country. Thailand is certainly very welcoming of US citizens.

 

I do not know about the Thai's involved in this specific case, nor their reason for being expelled. That said, it seems unlikely they are being treated like they are animals. Rules are rules, and as I am sure many expats expelled from Thailand can attest, sometimes the rules suck.

 

As for "President Biden and real Americans will make right who understand that we are a nation of immigratants and all should be let in if they want to come to the USofA" - well, that is utter nonsense. We are also a nation of gun owners. By your reasoning, we should be inviting in tourists packing heat.

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9 hours ago, Somchai Jackson said:

Those good Thai people just trying to make a living and live the American dream and here the courts are kicking them out like they're animals. 

Yeah, whilst Thailand calls us all aliens and creates constant hurdles for people just wanting to live with their family

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18 hours ago, ukrules said:

It's called reciprocity, get used to it - I have a feeling there's going to be a lot of it handed out over the next few years from all around the world.

 

This has nothing to do with reciprocity. As the article mentions, there is a long-standing principle in US law of "consular non-reviewability", which basically says that visa eligiblity decisions can not be appealed or challenged in US courts. The plaintiffs in this case were trying to use some language in the Thai-US Amity Treaty to get around that, and the court told them no.

 

9 hours ago, RichardColeman said:

Yeah, whilst Thailand calls us all aliens and creates constant hurdles for people just wanting to live with their family

 

US immigration law also refers to non-citizens as aliens.

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