9 Facts: Sources of Rights to Thai Nationality (English translated version)


๙ ข้อเท็จจริงอันเป็นบ่อเกิดแห่งสิทธิในสัญชาติไทย เขียนโดย รศ.ดร.พันธุ์ทิพย์ กาญจนะจิตรา สายสุนทร ฉบับแปลภาษาอังกฤษ เพื่อเผยแพร่ความรู้ด้านกฎหมายสัญชาติแก่บุคคลซึ่งไม่รู้หรือไม่เข้าใจภาษาไทย (English translated version of the 9 Facts: Sources of Rights to Thai Nationality, written by Assoc. Prof. Dr.Pantip Kajanachitra Saisoontorn, for those interested in Thai Nationality Law)

Private International Law: 9 Facts, Sources of Rights to Thai Nationality

By Assoc. Prof. Dr. Pantip Kanjanachitra Saisoontorn

Faculty of Law, Thammasat University

Translated by Paweena Kosoljitkul

 

Table of Content

  1. A person born of a father who had Thai nationality at the time
  2. A person born of a mother who had Thai nationality at the time
  3. A person born in Thailand of alien father and mother who were permanent residents at the time
  4. A person born in Thailand prior to 26th February B.E. 2535 (1992) of alien father and mother who were born in Thailand (Supreme Court case no. 892/2533)
  5. A person born in Thailand prior to 26th February B.E. 2535 (1992) of a father and a mother which one of them was an alien and a temporary immigrant in Thailand at the time
  6. A person born in Thailand from 26th February B.E. 2535 (1992) from the alien father and mother which one of them was not a permanent resident in Thailand at the time, but the Minister of Interior granted Thai nationality
  7. An alien woman has a Thai national husband whom the Minister of Interior granted Thai nationality
  8. An alien whom the Minister of Interior allowed nationalising to be a Thai national
  9. An alien whom the parliamentary law stipulated Thai nationality

 

1st Fact: A person born of a father who had Thai nationality at the time

Regarding Thailand has allowed a person to acquire Thai nationality by birth after his/her father (jus sanquinis principle) as following:

-          Mulanitidhammaprabeni (A Thai customary law on nationality prior to 10th April B.E. 2456 (1913))

-          Section 3(1) of the Nationality Act B.E. 2456 (1913)

-          Section 7(1) of the Nationality Act B.E. 2495 (1952)

-          Section 7(1) of the Nationality Act B.E. 2495 (1952) and B.E. 2496 (1953)

-          Section 7(1) of the Nationality Act B.E. 2495 (1952) and B.E. 2499 (1956)

-          Section 7(1) of the Nationality Act B.E. 2508 (1965)

-          Section 7(1) of the Nationality Act B.E. 2508 (1965) and B.E. 2535 (1992)

The applicable laws: Section 21 of the Nationality Act (No.4) B.E. 2551 (2008) + Section 7(1) of the Nationality Act B.E. 2508 (1965) + the Nationality Act (No.2) B.E. 2535 (1992)  

 

A person born prior to 28thFebruary B.E. 2551 (2008) would acquire Thai nationality after a father by the jus sanquinis principle if at the time of birth (1) the father had Thai nationality and (2) he was a legitimate father.

A person born from 28th February B.E. 2551 (2008) to present would acquire Thai nationality after a father by the jus sanquinis principle if at the time of birth the father had Thai nationality (regardless of whether the father was a legitimate one).

 

Section 21 of the Nationality Act (No.4) B.E. 2551 (2008)

Provision of section 7 paragraph two of the Nationality Act B.E. 2508 (1965) amended by this Act (The Nationality Act (No.4) B.E. 2551 (2008) which entered into force on 28th February B.E. 2551 (2008)) is enforced on a person born before this Act has entered into force.

Section 7 paragraph one of the Nationality Act B.E. 2508 (1965) amended by the Nationality Act (No.2) B.E. 2535 (1992), entered into force on 26th February B.E. 2535(1992) stated that the following persons would acquire Thai nationality by birth:

(1)    A person born of a father or a mother of Thai nationality, whether within or outside the Kingdom of Thailand

(2)    A person born within the Kingdom of Thailand except the person under Section 7 bis paragraph one.

Section 7 paragraph two of the Nationality Act B.E. 2508 (1965) amended by the Nationality Act (No.4) B.E. 2551 (2008), entered into force on 28th February B.E. 2551(2008)

“Father” in (1) is including a person having been proved, in conformity with the Ministerial Regulation even though he did not register marriage with the mother of the person or did not do a registration of legitimate child.


Case Study 1: King Ramkamhang

Regarding a person born prior to B.E. 2456 (1913) of a father and a mother of Thai nationality has connecting pointa with Thailand (jus sanquinis principle).

King Ramkamhang was born in Sukhothai prior to 10th April B.E. 2456 (1913), had a connecting point with Thailand by the jus soli principle. Also, his father and mother were Thai nationals.

Would he acquire Thai nationality? Mulanitidhammaprabeni (A Thai customary law on nationality prior to 10th April B.E. 2456(1913)) recognised him as a Thai national.

Why? By Mulanitidhammaprabeni, King Ramkamhang acquired Thai nationality by birth according to the jus sanquinis principle from his father and mother because it was a matter-of-fact that fulfilled the requirements of the law. In other words, both father and mother were Thai at the time he was born.


Case Study 2: Soontorn

Regarding a person born in B.E. 2476 (1933) of a Thai father and a Thai mother who has Chinese parents

By section 3(1) of the Nationality Act B.E. 2456 (1913), Soontorn acquired Thai nationality by birth according to the jus sanquinis principle from his father because it was a matter-of-fact that fulfilled the requirements of the law. That is his mother was Thai at the time he was born.

Fact:  Soontorn was born in Kanchanaburi in B.E. 2476 (1933). Khun Kosol, the father, was a Thai national. Charoen, the mother, was a Thai national who had both Chinese parents.

Would Soontorn acquire Thai nationality? By section 3(2) of the Nationality Act B.E. 2456 (1913), Soontorn did not acquired Thai nationality by birth according to the jus sanquinis principle from his mother.

Why? There was not a matter-of-fact that fulfilled the requirements of section 3(2), which in this case, Soontorn appeared to have a father.

By section 3(3) of the Nationality Act B.E. 2456 (1913), Soontorn acquired Thai nationality by birth according to the jus soli principle because it was a matter-of-fact that fulfilled the requirements of the law, in other words, he was born in the Kingdom of Thailand.


Case Study 3: Lamtarn

Regarding a person born in the Kingdom of Thailand in B.E. 2541 (1998) of both Thai father and mother

Fact: Lamtarn was born in Bangkok on 27th April B.E. 2541 (1998). Her father is a Thai national acquired by birth according to the jus soli principle, but her grandparents are Chinese nationals who were allowed to reside in Thailand as permanent residents. Her mother is a Thai national by birth according to the jus sanquinis principle from her parents and the jus soli principle.

Would Lamtarn acquire Thai nationality? She acquired Thai nationality by birth according to the jus sanquinis principle from her both parents and the jus soli principle because of the legal effect of section 7(1), (2) and (3) of the Nationality Act B.E. 2508 (1965) and the Nationality Act (No.2) B.E. 2535 (1992).

Under the law, Lamtarn has no connecting point by birth with any other alien state. Even though her father has Chinese race, she is a truly Thai nationals.


Case Study 4: Theema Singhathuan

Regarding a person born in the Kingdom of Thailand in B.E. 2543 (2000) of Thai father and mother

Theema Singhathuan was born in Chiangrai on 20th March B.E. 2543 (2000). His father and mother are Thai nationals. His parents did not register their marriage at the time he was born.

Would he have rights to acquire Thai nationality via his father?

Supreme Court case no. 6434/2535 a person born in B.E. 2518 (1975) within the Kingdom of Thailand of a father of Thai nationality and an alien mother who was revoked Thai nationality by section 1 of the Declaration of the Revolutionary Council No. 337 B.E. 2515 (1972). The father and the mother just registered their marriage in B.E. 2526 (1983). The Supreme Court pointed that by the time of the person born, the father and the mother did not register their marriage. The marriage registration afterwards would only effect the status of the person to be a legitimate child according to Article 1557 of the Thai Civil and Commercial Code, not making the person a Thai national according to the Nationality Act B.E. 2508 (1965). It can be said that a person would acquire Thai nationality by birth according to the jus sanquinis principle from a father only the father is a legitimate one at the time of the person born, which means the father and the mother have registered their marriage prior to the time of the person born.

The answer is: at the time Theema was born, he did not acquire Thai nationality after his father since he was not a legitimate father. However, Theema acquired Thai nationality by birth according to the jus sanquinis principle after his mother and the jus soli principle because of the legal effect of section 7(1) and (3) of the Nationality Act B.E. 2508 (1965) and the Nationality Act (No.2) B.E. 2535 (1992). From 28th February B.E. 2551 (2008), Theema has just acquired Thai nationality by birth according to the jus sanquinis principle after his father because of the legal effect of section 21 of the Nationality Act (No.4) B.E. 2551 (2008).


Case Study 5: Onanong

Onanong was born in Thailand in B.E. 2540 (1997), she is an Akha. Her father, Apae, was born in Chiangrai in B.E. 2521 (1978). Her mother, Boosuk, was born in Myanmar in B.E. 2522 (1979).

She is under the section 7 bis because:

  1. She was born in Thailand
  2. Her parents are aliens
  3. Even though her father was born in Thailand, but her mother is an alien who is a temporary immigrant

The Nationality Act B.E. 2508 (1965) and (No.2) B.E. 2535 (1992): Section 7(3) did not recognise Onanong as a Thai national.

The question is what if it can be proved that her father is a Thai national, would she be recognised as a Thai national?

 


2nd Fact: A person born of a mother who had Thai nationality at the time

Regarding Thailand has allowed a person to acquire Thai nationality by birth after his/her mother (jus sanquinis principle) as following:

-          Mulanitidhammaprabeni (A Thai customary law on nationality prior to 10th April B.E. 2456 (1913))

-          Section 3(2) of the Nationality Act B.E. 2456 (1913)

-          Section 7(2) of the Nationality Act B.E. 2495 (1952)

-          Section 7(2) of the Nationality Act B.E. 2495 (1952) and 2496 (1953)

-          Section 7(2) of the Nationality Act B.E. 2495 (1952) and 2499 (1956)

-          Section 7(2) of the Nationality Act B.E. 2508 (1965)

-          Section 7(1) of the Nationality Act B.E. 2508 (1965) and 2535 (1992)

The applicable laws: Section 10 of the Nationality Act (No.2) B.E. 2535 (1992) + Section 7(1) of the Nationality Act B.E. 2508 (1965) + the Nationality Act (No.2) B.E. 2535 (1992)  

 

Section 10 of the Nationality Act (No.2) B.E. 2535 (1992), amended section 7(1) of the Nationality Act B.E. 2508 (1965), is also enforced to a person born prior to this Act has entered into force, which was on 26th February B.E. 2535 (1992). It benefits a person of a Thai mother and an alien father.

Section 7 paragraph one of the Nationality Act B.E. 2508 (1965) amended by the Nationality Act (No.2) B.E. 2535 (1992), entered into force on 26th February B.E. 2535(1992), stated that the following persons would acquire Thai nationality by birth:

(1)    A person born of a father or a mother of Thai nationality, whether within or outside the Kingdom of Thailand

(2)    A person born within the Kingdom of Thailand except the person under Section 7 bis paragraph one.


Case Study 1: Maan

Regarding a person born in Laos in B.E. 2454 (1911) of Thai father and mother

Maan was born in Laos in B.E. 2454 (1911). His father and mother were Thai nationals who had moved and resided in Laos since B.E. 2450 (1907). Maan had connecting points with Thailand by birth according to the jus sanquinis principle.

Was he a Thai national? Mulanitidhammaprabeni (A Thai customary law on nationality prior to 10th April B.E. 2456 (1913)) recognised him as a Thai national.

Why? According to Mulanitidhammaprabeni, Maan acquired Thai nationality by birth by the jus sanquinis principle from his father and mother because it was a matter-of-fact that fulfilled the requirements of the law, in other words, both father and mother were Thai at the time he was born.

 

Case Study 2: Gimseng

Regarding a person born in Thailand in B.E. 2456 (1913) of a Chinese father and a Thai mother

Gimseng was born in Pakhai, Ayuttaya in B.E. 2456 (1913). His father was a Chinese national who migrated to Thailand in B.E. 2450 (1907) and his mother was a Thai national. He had connecting points with Thailand by birth according to the jus sanquinis principle after his mother and the jus soli principle.

Was he a Thai national? Mulanitidhammaprabeni (A Thai customary law on nationality prior to 10th April B.E. 2456 (1913)) and The Act R.E. 130 recognised him as a Thai national.

Why? By Mulanitidhammaprabeni, Gimseng acquired Thai nationality by birth according to the jus sanquinis principle after his mother because it was a matter-of-fact that fulfilled the requirements of the law. That is his mother was Thai at the time he was born.

 


3rd Fact: A person born in Thailand of alien father and mother who were permanent residents at the time

Regarding Thailand has granted Thai nationality by the legal effect via the jus soli principle as following:

-          Section 3(3) of the Nationality Act B.E. 2456 (1913)

-          Section 7(3) of the Nationality Act B.E. 2495 (1952)

-          Section 7(3) of the Nationality Act B.E. 2495 (1952) and 2496 (1953)

-          Section 7(3) of the Nationality Act B.E. 2495 (1952) and 2499 (1956)

-          Section 7(3) of the Nationality Act B.E. 2508 (1965)

-          Section 7(2) of the Nationality Act B.E. 2508 (1965) and 2535 (1992)

The applicable laws: Section 4 of the Nationality Act (No.2) B.E. 2535 (1992), section 11 paragraph one of the Nationality Act (No.2) B.E. 2535 (1992) + section 7 bis paragraph one of the Nationality Act B.E. 2508 (1965) + (No.2) B.E. 2535 (1992)

 

Case Study: Stephen

Regarding a person born in Thailand in B.E. 2453 (1910) of alien father and mother

Stephen was born in Thailand in B.E. 2453 (1910). His father and mother were Danish nationals immigrated into Thailand in B.E. 2450 (1907). He had a connecting point with Thailand only by the jus soli principle.

Was Stephen a Thai national? Mulanitidhammaprabeni (A Thai customary law on nationality prior to 10th April B.E. 2456(1913)) did not recognise him as a Thai national.

Why? By Mulanitidhammaprabeni, Stephen did not acquire Thai nationality because there was no matter-of-fact fulfilling the requirements of the law, in other words, none of his parents was Thai at the time he was born.

 


4th Fact: A person born in Thailand prior to 26th February B.E. 2535 (1992) of alien father and mother who were born in Thailand

Regarding Thailand has granted Thai nationality by the legal effect via the jus soli principle as following:

-          Section 3(3) of the Nationality Act B.E. 2456 (1913)

-          Section 7(3) of the Nationality Act B.E. 2495 (1952)

-          Section 7(3) of the Nationality Act B.E. 2495 (1952) and 2496 (1953)

-          Section 7(3) of the Nationality Act B.E. 2495 (1952) and 2499 (1956)

-          Section 7(3) of the Nationality Act B.E. 2508 (1965)

-          Section 7(2) of the Nationality Act B.E. 2508 (1965) and 2535 (1992)

The applicable laws: Section 4 of the Nationality Act (No.2) B.E. 2535 (1992) and section 11 paragraph one of the Nationality Act (No.2) B.E. 2535 (1992) + section 7 bis paragraph one of the Nationality Act B.E. 2508 (1965) + (No.2) B.E. 2535 (1992)


Case Study: Malinee Jalae

Regarding a person born in Thailand in B.E. 2533 (1990) from parents who were born in Thailand

Malinee Jalae was born in B.E. 2533 (1990) in Huaychompoo, Chiangrai. She is Muser person. Her father, Po, was born in Thailand in B.E. 2486 (1943). Her mother, Na-u, was born in Thailand in B.E. 2496 (1953).

Is Malinee a Thai national? The applicable law at that time was the Nationality Act B.E. 2508 (1965) and the Declaration of the Revolutionary Council No. 337. She was recognised as a Thai national because:

  1. She was born in Thailand (section 7(3))
  2. It was not the case under section 8
  3. It was not the case under rule 2 of the Declaration of the Revolutionary Council No. 337


Malinee acquired Thai nationality by birth according to the jus soli principle from the legal effect of section 7(3) of the Nationality Act B.E. 2508 (1965) and the Declaration of the Revolutionary Council No. 337, regardless of whether her father and mother are Thai nationals since she was born in Thailand and she was not under section 8 and rule 2 of the Declaration of the Revolutionary Council No. 337.

 


5th Fact: A person born in Thailand prior to 26th February B.E. 2535 (1992) of a father and a mother which one of them was an alien and a temporary immigrant in Thailand at the time

The applicable laws: Section 23 of the Nationality Act (No.4) B.E. 2551 (2008), entered into force on 28th February B.E. 2551 (2008).

A person born prior to 26th February B.E. 2535 (1992) and his/her child are under section 23 of the Nationality Act (No.4) B.E. 2551 (2008)

Target persons under section 23 paragraph one of the Nationality Act (No.4) B.E. 2551 (2008) are:

  1. Persons who had acquired Thai nationality because they were born in Thailand, but were revoked Thai nationality by rule 1 of the Declaration of the Revolutionary Council No. 337 on 13th December B.E. 2515 (1972)
  2. Persons born in Thailand, but could not acquire Thai nationality because of rule 2 of the Declaration of the Revolutionary Council No. 337on 13th December B.E. 2515 (1972)
  3. Including child of aforesaid persons born in Thailand prior to this Act entered into force (28th February B.E. 2551 (2008)) and did not acquire Thai nationality according to section 7 bis paragraph one of the Nationality Act B.E. 2508 (1965) amended by the Nationality Act (No.2) B.E. 2535 (1992)

 

What are the conditions in order to exercise the rights in Thai nationality according to section 23 paragraph one of the Nationality Act (No.4) B.E. 2551 (2008)?

-          A person in fact resides in the Kingdom of Thailand continuously and has the evidence of the civil registration and

-          With a good behaviour or make benefits/good deeds for the society or for Thailand

-          Would be granted Thai nationality from the date of this Act has entered into force (28th February B.E. 2551 (2008))

-          Except the Minister has an order which granting Thai nationality to a person prior to the date of this Act was enforced.

 

What are the duties of chief district officer, municipal clerk or district officer (civil registrar) towards the persons under section 23 paragraph two of the Nationality Act (No.4) B.E. 2551 (2008)?

-          When it was 90 days past since this Act has entered into force (which is 28th May B.E.2551 (2008))

-          Allow persons qualified by section 23 paragraph one to file a request for recording the nationality in the civil registration to district registrar or local registrar according to the Civil Registration Act of locality that such persons have domiciled at present


Case Study: Chutima Layee

Regarding a person born in Thailand in B.E. 2531 (1989) of a father and a mother Thailand who are temporary immigrants in Thailand

Chutima Layee was born in Thailand in B.E. 2531 (1989). Her father, Laku Layee, was born in Myanmar in B.E. 2499 (1956) and immigrated into Thailand in B.E. 2528 (1985). Her mother, Meeder Layee, was born in Myanmar in B.E. 2511 (1968) and immigrated into Thailand in B.E. 2528 (1985).

The applicable laws at that time were the Nationality Act B.E. 2508 (1965) and the Declaration of the Revolutionary Council No.337, which did not recognise Chutima as a Thai national because:

  1. She was born in Thailand (section 7(3))
  2. This case was not under section 8, but
  3. It was under rule 2 of the Declaration of the Revolutionary Council No.337

At the time Chutima was born, she did not acquire Thai nationality by birth according to the jus soli principle because of the Nationality Act B.E. 2508 (1965) and the Declaration of the Revolutionary Council No.337. Even though she was born in Thailand and was not under section 8 of the Nationality Act B.E. 2508 (1965), but she was under rule 2 of the Declaration of the Revolutionary Council No.337, so her legal status was an alien who was born in Thailand.

Since 28th February B.E. 2551 (2008), Chutima acquired Thai nationality by the jus soli principle because of the legal effect of section 23 of the Nationality Act (No.4) B.E. 2551 (2008). The Thai nationality she acquired was the nationality by birth, but it could only be applied from 28th May B.E. 2551 (2008).

 


6th Fact: A person born in Thailand from 26th February B.E. 2535 (1992) from the alien father and mother which one of them was not a permanent resident in Thailand at the time, but the Minister of Interior granted Thai nationality

The provisions that authorised the Minister of Interior in order to grant Thai nationality are:

-          Rule 2 of the Declaration of the Revolutionary Council No.337 on the 13th December B.E. 2535 (1992)

-          Section 11 paragraph two of the Nationality Act (No.2) B.E. 2535 (1992)

-          Section 7 bis paragraph two of the Nationality Act B.E. 2508 (1965) amended by the Nationality Act (No.2) B.E. 2535 (1992)

-          Section 7 bis paragraph two of the Nationality Act B.E. 2508 (1965), the Nationality Act (No.2) B.E. 2535 (1992) and the Nationality Act (No.4) B.E. 2551 (2008)

A person born prior to 26th February B.E. 2535 (1992) and his/her child are in accordance with section 23 of the Nationality Act (No.4) B.E. 2551 (2008)

A person born from 26th February B.E. 2535 (1992) is in accordance with section 7 bis paragraph two of the Nationality Act B.E. 2508 (1965) amended by the Nationality Act (No.2) B.E. 2535 (1992)


Case Study: Mong Thongdee

Regarding a person born in Thailand in B.E. 2540 (1997) of a father and a mother born in Myanmar

Mong, born in Thailand in B.E. 2540 (1997), is Thai Yai (Shan). His father, Yoon, was born in Shan state, Myanmar. His mother, Moy, was born in Shan state, Myanmar. In this case, Mong is under section 7 bis paragraph one because:

  1. He was born in Thailand
  2. His father and mother are aliens
  3. His father and mother are aliens who temporary immigrated into the Kingdom of Thailand

So he did not acquire Thai nationality via the jus soli principle.

According to the Nationality Act B.E. 2508 (1965) and (No.2) B.E. 2535 (1992), section 7(2) did not recognise him as a Thai national. The question is whether section 7 bis paragraph two recognises his rights.

 


7th Fact: An alien woman has a Thai national legal husband and the Minister of Interior granted her Thai nationality

The kingdom of Thailand has allowed granting Thai nationality by marriage:

-          Section 3(4) of the Nationality Act B.E. 2456 (1913)

-          Section 8 of the Nationality Act B.E. 2495 (1952)

-          Section 8 of the Nationality Act B.E. 2495 (1952) and B.E. 2503 (1960)

-          Section 9 of the Nationality Act B.E. 2508 (1965)

An alien woman getting married from 10th April B.E. 2456 (1913) to 2nd February B.E. 2503 (1960) is in accordance with section 3(4) of the Nationality Act B.E. 2456 (1913) and section 8 of the Nationality Act B.E. 2495 (1952), which would acquire Thai nationality automatically.

An alien woman getting married from 2nd February B.E. 2503 (1960) up to the present is in accordance with section 8 of the Nationality Act B.E. 2495 (1952) amended by the Nationality Act (No.4) B.E. 2503 (1960) and section 9 of the Nationality Act B.E. 2508 (1965), which would acquire Thai nationality by the order of the Minister of Interior.


Case Study 1: Kim-eng

Kim-eng, a Chinese national, got married according to Chinese law with Haggong, Thai nationality via the jus soli principle and Chinese nationality via the jus sanquinis principle. They registered their marriage in China in B.E. 2494 (1951). She has a connecting point with Thailand by married to a Thai man.

Was Kim-eng a Thai national? Section 3(4) recognised her as a Thai national. According to section 3(4) of the Nationality Act B.E. 2456 (1913), Kim-eng acquired Thai nationality after birth by marriage because she is married to a Thai man.

 

Case Study 2: Josephine

Josephine, a Spanish national, got married in Spain in B.E. 2507 (1964) according to Thai law with Sombat, a Thai national. She has a connecting point with Thailand by married to a Thai man.

Is Josephine a Thai national? According to the Nationality Act B.E. 2495 (1952), B.E. 2496 (1953), B.E. 2499 (1956) and B.E. 2503 (1960), section 8 did not recognise her as a Thai national, but granted her rights to ask for one.

 


8th Fact: An alien applied for nationalisation to be a Thai national and the Minister of Interior granted Thai nationality

Thailand has allowed granting Thai nationality by nationalisation:

-          Section 6, 7, 12 and 13 of the Nationalisation Act B.E. 2454 (1911)

-          Section 3(5) of the Nationality Act B.E. 2456 (1913)

-          Section 9 and 10 of the Nationality Act B.E. 2495 (1952)

-          Section 9 and 10 of the Nationality Act B.E. 2495 (1952) and B.E. 2503 (1960)

-          Section 10, 11 and 12 paragraph two of the Nationality Act B.E. 2508 (1965)

-          Section 10, 11, 12 paragraph two and 12/1 of the Nationality Act B.E. 2508 (1965)

A person nationalised from 18th May B.E. 2454 (1911) to 12th February B.E. 2495 (1913) is in accordance with the Nationalisation Act R.E. 130 or B.E. 2454 (1911) and section 3(5) of the Nationality Act B.E. 2456 (1913), which his wife and his/her minor child would acquire Thai nationality automatically.

A person nationalised from 13th February B.E. 2495 (1913) up to the present is in accordance with the Nationality Act B.E. 2495 (1952) and the Nationality Act B.E. 2508 (1965), which his wife and his/her minor child would have to file a petition for Thai nationality.

 


9th Fact: An alien whom the parliamentary law stipulated/granted Thai nationality

Supreme Court case no. 509/2540:

The plaintiff: Gan Lay
The defendant: 114 Ubonratchathani chief officer, et al.

An oral agreement between the head of the delegation of Thailand and the head of the delegation of France at Washington D.C., The United States of America on 17th November 1946 (B.E. 2489) stated that: “citizens who acquired Thai nationality by the convention on 9th May 1941 would restore to his/her original nationality immediately when the transferring territory has been done. Citizen who acquired Thai nationality by birth or by law, such nationality would remain.”

 

Thailand has allowed granting Thai nationality by the legal effect because of the change of its territory.

Chiang Mai Administrative Court case on 25th March B.E. 2547 (2004), on the decided case no. 62/2547

The plaintiffs: Mr. Somboon Trikasem and 7 others
The accused in 1st case: Chiangrai governor
The accused in 2nd case: Chaingsan chief district officer

Such Administrative Court stated that:

In B.E. 2483 (1940), at the time both cases plaintiffs were French nationals. Also, in the World War II period, the right side of Luang Prabang was appended into the Kingdom of Thailand according to the peace convention between Thailand and France, signed on 9th May B.E. 2484 (1941). Moreover, there was a Royal Command declaring that such convention would enter into force from the date of ratification on 5th July B.E. 2484 (1941).

The legal effect of such convention, in rule 8 stated that “By the time of territory transferring has been totally done, French nationals who have domiciled in such territory would immediately acquire Thai nationality”

So the plaintiffs of both cases are Thai nationals after birth since the sovereignty has been changed over the territory according to such convention.

 

Draft of the Nationality Act (No.5) B.E. ...  , it is a draft of the act which would restore Thai nationality for Thai displaced people

Thailand has allowed granting Thai nationality by the legal effect due to change of the nationality law.

Thai nationality by law of the alteration of nationality law:

-          Section 4 of the Nationality Act (No.3) B.E. 2499 (1956)

-          Section 10 of the Nationality Act (No.2) B.E. 2535 (1992)

-          Section 11 paragraph one of the Nationality Act (No.2) B.E. 2535 (1992)

-          Section 21 and 23 of the Nationality Act (No.4) B.E. 2551 (2008)



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พบปัญหาการใช้งานกรุณาแจ้ง LINE ID @gotoknow
ขอแนะนำ ClassStart
ระบบจัดการการเรียนการสอนผ่านอินเทอร์เน็ต
ทั้งเว็บทั้งแอปใช้งานฟรี