Thailand: New Deportation Regulations Raise Concerns Over Risk of Refoulement for Refugees

The Thai government has enacted new deportation regulations that lack crucial safeguards to protect refugees from being forcibly returned to persecution, torture, enforced disappearance, or death. Human rights group Fortify Rights is urging an immediate review, citing risks of violating international law. The Prime Minister’s Office Regulation on Deportation B.E. 2569 (2026), published in the Royal Gazette on August 27, 2026, came into force the following day. Its stated purpose is to enable the prompt deportation of “undesirable” foreigners who unlawfully enter or remain in Thailand, citing the protection of public order and the safety and security of Thai citizens and residents. However, the broad definition of conduct contrary to "public order, morality, or the well-being of the people," and the grounds for deportation based on immigration law violations, are significant concerns for refugees. While the regulation includes a provision (Clause 6) requiring authorities issuing deportation orders to "take into account Thailand’s relevant international obligations," this appears to reflect concerns over the failure to explicitly incorporate the principle of non-refoulement. The Ministry of Foreign Affairs had raised concerns about this during the drafting process. However, the regulation does not strictly mandate authorities to conduct risk assessments prior to removal. Furthermore, Clause 7 mandates return to the country of nationality, or to the last country of residence if nationality cannot be determined. Critics argue this fails to address the situation of the vast majority of refugees without access to third-country resettlement and establishes a timeframe that facilitates forced returns. Thailand ratified the Convention Against Torture (CAT) in 2007, obligating states parties to take effective measures to prevent torture. It is also a party to the International Covenant on Civil and Political Rights (ICCPR), which prohibits the deportation of individuals facing substantial grounds to believe they risk irreparable harm, including torture. Thailand has codified this obligation in its 2022 Prevention and Suppression of Torture and Enforced Disappearance Act. Fortify Rights highlights Thailand's history of forcibly returning refugees in violation of its international obligations, citing the forced return of thousands of Myanmar nationals in cooperation with the Myanmar junta between 2024-2025, and the pushback of over 40 Uyghur refugees into China. "Although requiring authorities to 'take into account' Thailand’s domestic law and international obligations may appear positive, this falls short of requiring strict compliance with those obligations and leaves refugees at risk of forced return," said Thanida Piyachot, Human Rights Specialist at Fortify Rights. "The Thai government should genuinely address the risks and gaps in this Regulation and ensure full compliance with international human rights standards."