Rights of Thais with dual nationality. In case of entering Thailand with a foreign passport.
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Abstract
The objectives of the research were to study the procedures of entering the Kingdom of Thailand for Thais holding dual nationality, including problems and obstacles, and to study the laws, regulations and operation procedures of immigration officers involving the entry into the Kingdom for Thais holding dual nationality. The qualitative research was conducted by using in-depth interviews.
The research revealed that current immigration procedures for entering the Kingdom for Thais holding dual nationality are the same procedures for foreigners, which infringe on the rights of being Thai. It affects the permitted length of stay in the Kingdom and the enforcing regulations, such as notification of residence, 90-days reporting to Thai immigration and prosecution for overstaying the permitted length of stay. These infringing procedures of Thais are the results of misinterpretation of laws and regulations by officers in many government sectors, including immigration, Thai embassies and consulates abroad.
It is recommended that the procedures for the Thais holding dual nationality that do not conflict with regulations and laws pertaining to the rights and freedoms of Thai citizens must be reviewed by the immigration bureau. It is also proposed to amend the law written in the Nationality Act, B.E. 2508 by adding “A Thai national who also holds another nationality, must notify officials regarding such nationality, following a prescribed form and procedure”, in order to establish the regulations of fair treatment for Thais holding dual nationality, and to formally enforce the collection of personal information of citizens holding dual nationality.
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References
Ambassade Royale de Thaïlande en France. (n.d). Une personne ayant la double nationalité et
titulaire de deux passeports. https://www.thaiembassy.fr/fr/service-consulaire/passport/
deux-passeports/
Anzola, J. E. (2020). Dual Nationality of Individuals in Venezuelan Investment Arbitration. (n.p).
Audiovisual Library of International Law. (1985, December 13). Introductory note to be published : Declaration on the Human Rights of
Individuals Who are not Nationals of the Country in Which They Live General Assembly resolution 40/144 New York. Audiovisual
Libraryof International Law. https://legal.un.org/avl/ha/dhriwnncwtl/dhriwnncwtl.html
Banjerd Singhaneti. (2019). Fundamentals of Human Rights and Human Dignity (6th ed.). Winyuchon.
Chitra Phianlumlert. (2005). Teaching Materials for International Law Course 41451 Units 1-8 1st revised edition 2005 (5th ed.). Office of
the University Press - STOU.
International Covenant on Civil and Political Rights. (n.d.). Department of International
Organizations, Ministry of Foreign Affairs. http://humanrights.mfa.go.th/upload/pdf/iccprt.pdf
Putin, V. (2014, June 4). Russisn Federation Federal Law. https://data.globalcit.eu/NationalDB/
docs/Federal%20Law%20%E2%84%96%20142FZ%20On%20Amendments%20to%2
Article%206%20and%2030%20of%20the%20Federal%20Law.pdf
J.S.100. (2014, August 3). Russia issues a law requiring citizens to declare a second nationality.
https://www.js100.com/en/site/news/view/4311
Jacobo-Suárez, M. (2021). With Dual Citizenship Comes Double Exclusion: US-Mexican
Children and Their Struggle to Access Rights in Mexico. In Accountability across Borders.University of Texas Press.
Kiattikhajorn Wachanasawat. (2019). Explanation of criminal law part 1 (11th ed.). Krung siam Publishing Company Limited.
Kulphon Phonwan. (2004). Human rights in world society (1st ed.). Nititham Publishing House.
Myers, J. (2016, July 28). Countries where you can buy citizenship. World Economic Forum.
https://www.weforum.org/agenda/2016/07/countries-selling-citizenship/
Narumon Thanisaro. (2018). Nationality law. Winyuchon.
Natthorn Phuasunthorn. (2013). Immigration 24/7 (4th ed.).
Office of International Peoples’ Rights Protection Department of Peoples’ Rights Pretection and Legal Aid Office of the Attorney
General. (2010). Q&A on the law of Thai people abroad via the Internet (www.humanrights.ago.go.th).
Office of the Council of State. (1958). Note: Requesting to know the law regarding nationals traveling out of the country without a
passport Completed matter No. 5/2501.
Order of the Royal Thai Police Office No. 327/2557 regarding criteria and conditions for consideration in the case of foreigners
requesting permission to stay temporarily in the
Kingdom.. (2014, August 8). Royal Thai Government Gazette, No.131 Chapter special 150g. pp. 3-4.
Pantip Kanchanachitra-saisunthon. (2005). Explanation of Thai nationality law. (4th ed.).Winyuchon.
Phongdet Wanitkittikul. (2020). Collection of lectures Part 1 Session 73 Academic Year 2020
Volume 1. Institute of Legal Education of the Thai Bar.
Phongnakhon Nakhonsantiphap. (2009). Explanation of immigration law. (2nd ed.). Chulalongkorn University Press.
Prasit Piwawattanapanich. (2018). Explanation of International Case Law Department (5th ed.).Thammasat press.
Royal Thai Police Regulations regarding police procedures not related to cases Title 34 Immigration (No. 5) B.E.2562. (2019). (2019, April
. http://tsd.police.go.th/wp-content/uploads/2021/01/Characteristics-34-Immigration-Issue-5.pdf
Saharat Kiti-suphakarn. (2015). Principles and judgments of criminal law (3rd ed.). Se-education Company Limited.
Spiro, P. J. (2021). Book Review: Citizenship 2.0: Dual Nationality as a Global Asset.
Treanor, S., & Nunis, V. (2019, October 10). How selling citizenship is now big business.BBC. https://www.bbc.com/news/business-
Wacharaphol Sawangpaeo. (2002). The Problems of Enforcement under the Immigration Act B.E. 2522 [Unpublished master’s thesis].
Ramkhamhaeng University.
Wautelet, P. (2018). The next frontier: dual nationality as a multi-layered concept. Netherlands International Law Review, 65(3).
Weerachai Thinkamut. (2011). Problems of Arbitrary Use of Power by Immigration Officers
under Immigration Law: A Case Study of Undocumented Migrants [Unpublished master’s thesis]. Sripatum University.