Legal Problems relating the Rights of the Parties Listening to the Process of Administrative Consideration: a Case Study of the Deported Alien

Abstract

This article aims to study whether there are the rights of the parties to listen to the process of administrative consideration in the case of deportation of the alien. This is due to the principle that listening to the parties in the process of administrative consideration is important because it guarantees justice for the people who will be affected by the act of the administration. They can protect hemselves from the administrative decision-making power that may have an impact on their rights.

From the study, it was found that in Thailand, relevant laws do not provide the alien who is being deported the right to listen to the administrative proceedings of the officials before issuing a deportation order. Administrative Procedure Act B.E. 2539 (1996), Section 30, paragraph two (6) provides that ministerial regulations shall be issued exempting the parties from having the opportunity to know the facts adequately and from having the opportunity to argue and present their evidence.

In this case, Ministerial Regulation No. 2 (B.E. 2540) issued by the Administrative Procedure Act B.E. 2539 (1996) provides that the administrative order in the case of (6) the order for deportation is an administrative order under Section 30, paragraph two (6). However, the law on deportation is Deportation Act B.E. 2499 (1956) and the law on immigration is Immigration Act B.E. 2522 (1979), there are no provisions providing that the officials shall listen to the alien before a deportation order is issued.

Since the laws of Thailand do not provide an alien the right to participate in the consideration process of administrative officials in deporting the alien before the deportation order is issued. Therefore, it may be contrary or contradictory to the principles of laws or the concepts that are accepted in many civilized countries as well as the international laws.

This article, therefore, recommends that there be an amendment to the Ministerial Regulation No. 2 (B.E. 2540) issued by the Administrative Procedure Act B.E. 2539 (1996), by abrogating the case (6) the order for deportation. In addition, it is considered appropriate to amend the Deportation Act B.E. 2499 (1956) and the Immigration Act B.E. 2522 (1979) by providing an alien who will be deported the right to listen to the consideration process of the officials before issuing a deportation order.