NSM – Frequently asked questions

If you are recognized as a ‘Protected Person’ by the Royal Thai Government (RTG) under the
National Screening Mechanism, the RTG will grant you protection as follows:

The police will not send you back to your home country unless the RTG decides that “national security” is threatened if you remain in Thailand.

• Under clause 25 of the NSM Regulation, the RTG will permit the Protected Person to stay in Thailand temporarily under special circumstances. However, it remains unclear whether the person undergoing screening is guaranteed the right to stay in Thailand while undergoing the screening process. The Regulation may permit a person undergoing screening to stay “at an appropriate location, provided that guarantee is made that he/she will report to the competent official”.
• The RTG will facilitate voluntary return to the country of origin, when safe and appropriate to return.
• The police will not send you back to your home country unless the RTG decides that “national security” is threatened if you remain in Thailand.

Any foreigner may request to be a Protected Person by submitting an application to a competent official. An official will make a decision within 30 days after the date they receive the application as whether you are eligible to file a request to be a Protected Person. Please note that this is only a decision on whether you can apply to be a Protected Person, not a decision on whether you are a Protected Person.

If your application for Protected Person status is dismissed, you will be notified of the determination result. You may appeal to the Committee within 15 days of being informed of the result. The appeal decision of the Committee is final.

If your request to apply the Protected Person status is successful, you will be notified to submit an application to be a Protected Person to the Screening Committee within 60 days after the determination result. If you fail to do so, it will be considered that you have abandoned your request and legal action may be taken in accordance with Thai immigration law and other relevant laws. At this stage, you are a ‘Person under Screening’.

A Screening Committee will make the decision to give you Protected Person status. The Screening Committee also referred to as the ‘Protected Person Screening Committee’, is comprised of representatives from the Royal Thai Police, Ministry of Interior, Ministry of Foreign Affairs, Ministry of Social Development and Human Security, Ministry of Justice, Ministry of Labor, National Intelligence Agency, Office of the National Security Council, Office of the Attorney General, the Special Branch Bureau, experts, and Sub-Division 4 of the Immigration Bureau as the Secretariat.

If your request to be a Protected Person is declined by the Screening Committee, you will be notified of the determination result. The Screening Committee will refer your case to a competent official to take any legal action in accordance with Thai immigration law and other relevant laws. Under clause 20 of the Regulation, decisions made by the Screening Committee determining whether the applicant meets the criteria to be considered a Protected Person are final and cannot be appealed.

No, you cannot reopen or re-apply for Protected Person status. However, you may resubmit another request for reconsideration of Protected Person status to the Screening Committee if the Screening Committee requires new information or facts from you.

If the Screening Committee decides to grant you Protected Person status, you will be notified of the determination result. A competent official will issue you a document identifying your status as a Protected Person.

You will have the right to temporarily stay in Thailand. The RTG may help facilitate voluntary repatriation to your home country and resettlement to a third country (see also question no. 16). Moreover, the RTG will refrain from repatriating you to your home country except where you voluntarily choose to return or where national security is threatened. Further, you may also have access to healthcare and education as stated in the clause 25 (4) of the Regulation.

The right to access legal employment is not included within the scope of the Regulation. However, the Regulation permits Protected Persons to stay under special circumstances or permits them to stay temporarily, as well as potentially providing access to education to children and healthcare.

Any foreigners may apply for Protected Person status. Under clause 30 of the Regulation, the Screening Committee will take the previous determination of UNHCR into consideration when determining Protected Person status. The determination result of the Screening Committee can be the same or different from the UNHCR result.

It is unclear whether there will be the same access to UNHCR-facilitated resettlement. Under clause 27 of the Regulation, the Ministry of Foreign Affairs, Ministry of Interior, the Office of the National Security Council or the Royal Thai Police will have the authority to decide if it is safe and appropriate for a Protected Person to go back to one’s home country or to be resettled in a third country. They will then coordinate the case with the Immigration Bureau and propose to the Committee to facilitate repatriation, resettlement or any other action deemed appropriate.

It remains unclear whether the Screening Committee will provide an interpreter for you. It is also unclear whether you can bring your own interpreter.

It is not yet decided whether nationals of all countries will be able to apply for the Protected Person status.

For any additional information regarding the NSM, you may contact the Center for Asylum Protection (CAP) at 02 116 0405 or 02 116 0406 or you may visit a YouTube video on the NSM created by the Asia Pacific Refugee Rights Network (APRRN) via National Screening Mechanism video explainer in 9 languages.