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ข้อมูลกฎหมาย/กฎ คำพิพากษา คำสั่งของศาลปกครองสูงสุดในรูปแบบดิจิทัล
Legal Status of an Order of the Royal Thai Police Issued under Immigration Act
Legal Status of an Order of the Royal Thai Police Issued under Immigration Act

Order of the Royal Thai Police on Rules and Conditions for the Determination of Requests for Temporary Stay in the Kingdom, dated 8th September B.E. 2549 (2006) was applied only to the performance of duty of police officers; it did not have general application. The said Order of the Royal Thai Police was thus an internal administrative measure, not a rule. Clause 7 (7.24) of the Order of the Royal Thai Police, dated 8th September B.E. 2549 (2006) stipulated that a request for temporary stay in the case of receiving medical treatment, attending rehabilitation, or taking care of a patient shall be accompanied by a letter of confirmation and request for a temporary stay issued by a physician of the hospital providing said medical treatment. An opinion from doctor was crucial in order for the competent official to determine whether the illness was an impediment to travel. Moreover, the Order of the Royal Thai Police, dated 8th September B.E. 2549 (2006) was issued under Section 35 of Immigration Act, B.E. 2522 (1979), of which the purpose was to maintain national security and public order.
To this end, rules and conditions in granting permission for temporary stay must be stringent. It was thus justified to demand that a letter of confirmation and request for temporary stay needed to be issued by physicians working in hospitals, not in clinics, so as to ensure the accuracy and truthfulness of the letter. Consequently, Order of the Royal Thai Police on Rules and Conditions for the Determination of Requests for Temporary Stay in the Kingdom, dated 8th September B.E. 2549 (2006) was lawful.




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