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Nakhon Ratchasima, also known as Korat, is one of Thailand's important socio-economic hubs. However, like elsewhere in Thailand, it's not officially recognized as a destination for asylum seekers. Thailand hasn't ratified the 1951 Refugee Convention, and therefore doesn't officially recognize the status of refugees or asylum seekers. Despite these legal constraints, large groups of unauthorized migrants and asylum seekers from neighboring countries reside in Thailand, including Nakhon Ratchasima, living under the threat of arrest or deportation.
Because of Thailand’s lack of formal and legal recognition of asylum seekers, a lawyer's assistance becomes crucial. Those seeking asylum may face issues such as arrest, detention, or deportation. A lawyer can help you understand your rights, navigate the complexities of international human rights laws in absence of local support, provide you with options for legal stay, and assist in communication with UNHCR and other humanitarian organizations.
Thailand operates under the Immigration Act B.E. 2522 (1979) which does not differentiate between unauthorized migrants and asylum seekers or refugees. Under this act, those without valid documentation are considered illegal immigrants. However, in 2019, a regulation was adopted which stated that the immigration authorities can grant “persons who have problems in living their own country” an extendable stay of 180 days. This regulation provides a form of temporary protection, but it does not grant official refugee status, and its implementation remains inconsistent.
Q1: Can I apply for asylum in Nakhon Ratchasima? A: Thailand does not have a formal asylum process. However, you can approach the United Nations High Commissioner for Refugees (UNHCR) office in Bangkok for assistance. Q2: Am I safe from deportation in Nakhon Ratchasima? A: Not necessarily. As Thailand does not recognize the principle of non-refoulement, or the practice of not forcing refugees or asylum seekers to return to a country in which they are liable to be subjected to persecution, you are required to maintain lawful immigration status. Q3: How can a lawyer assist me? A: A lawyer can help you understand your rights, navigate the intricacies of international law, help in crucial communication with UNHCR and navigate potential legal pathways for your stay. Q4: Could I gain permanent residency in Thailand? A: Permanent residency is granted on a very limited basis in Thailand and requires a number of qualifications, including holding a non-immigrant visa for at least three years before the application. It is quite difficult for refugees to meet these requirements. Q5: Are there any organizations providing assistance? A: Yes, several NGOs, INGOs and the UNHCR operate in Thailand providing assistance to refugees and asylum seekers.
You can reach out to the following for help: 1. The UNHCR (United Nations High Commissioner for Refugees) Thailand. 2. Human Rights Watch Thailand. 3. Amnesty International Thailand.
If you or someone you know is seeking asylum in Nakhon Ratchasima, the first step is to establish legal representation. Reach out to human rights focused legal groups or NGOs they can provide links to potential legal aid. Reach out to the UNHCR as they can provide protection and may be able to assist with provisional documentation. Please remember that support might be limited, inconsistent, and legal consequences are a reality for asylum seekers in Thailand.
