Before you come to Thailand, you should know that the Royal Thai Government does not have an asylum system for the protection of refugees. Anyone without a valid visa is at risk of detention.
In Thailand, UNHCR is the only organisation responsible for receiving and processing asylum applications.
To apply for asylum in Thailand, you have to:
- Register with UNHCR: You should contact UNHCR and request registration. You will be contacted by UNHCR staff to explain the registration process and to gather more information from you.
- Go through Refugee Status Determination (RSD) process: After you have been registered and issued a UNHCR card, you will get an appointment for what is called an “RSD interview”. You will be interviewed by UNHCR staff to decide if you meet the criteria to be recognised as a refugee.
- Wait for your decision: After the interview, you will receive more information about the next steps.
ATTENTION! Asylum-seeker and refugee status documents are NOT VISAS! If you can, make sure to have a valid visa with the Government of Thailand during your entire stay in Thailand.
Who is a refugee?
A refugee is someone who has a well-founded fear of persecution based on their race, religion, nationality, membership of a particular social group, or political opinion. They must be outside of their country of origin and unable or unwilling to receive protection from their country of origin because of their fear of persecution.
Who is an asylum-seeker?
An asylum-seeker is someone who has applied for refugee status but who has not yet received a decision as to whether he/she has been recognized as a refugee.
How do I claim asylum in Thailand?
If you wish to ask for asylum in Thailand, you will first have to register with UNHCR and go through a Refugee Status Determination (RSD) process.
What is the National Screening Mechanism?
The Royal Thai Government (RTG) launched the National Screening Mechanism (NSM) in September 2023. The NSM is a legal process created by the Royal Thai Government to identify individuals who may qualify for “Protected Person” status in Thailand.
If you would like to talk with a UNHCR Protection staff about the NSM, including if you have already started the process, please make an appointment for UNHCR Protection counseling.
For more information on the NSM, please click on any of the questions below:
What is the National Screening Mechanism?
The National Screening Mechanism (NSM) is a legal process created by the Royal Thai Government to identify individuals who may qualify as “Protected Persons” in Thailand. Individuals who are considered “Protected Persons” under the NSM include people who were forced to flee their country and cannot return home due to fear of persecution.
The NSM (which was created under “The Regulation of the Office of the Prime Minister on the Screening and the Protection of Aliens who Enter into the Kingdom and are Unable to Return to the Country of Origin B.E. 2562”), came into legal effect in late 2019. The NSM process has become operational as of late September 2023.
Is UNHCR a part of the NSM?
The NSM is a legal process through which the Royal Thai Government determines whether or not someone qualifies as a Protected Person. It is not part of the UNHCR process. UNHCR has no control or authority over the NSM process. UNHCR’s registration and Refugee Status Determination (RSD) processes are completely separate.
Who can apply to the NSM?
Individuals who are in Thailand and are unable or unwilling to return to their country of origin can submit an application for Protected Person status under the NSM process. Please note, however, that the NSM officials will decide who can and cannot submit the application and, in some cases, individuals will be considered ineligible to apply. Persons who have another valid legal status in Thailand or are supported by an alternative RTG process at the time of applying may not be eligible to apply.
What is the process for applying for “Protected Person” status under the NSM?
You can request to apply to be a “Protected Person” by submitting an application to the NSM officials (see below).
There are two main steps to the process:
- Pre-screening: to determine whether you can apply to be a Protected Person.
- Screening stage: to decide whether you meet the definition of Protected Person.
If you are rejected at the pre-screening stage, you can appeal this decision. The decision at the screening stage cannot be appealed.
If you are accepted as a “Protection Person” you will be permitted to stay in Thailand temporarily or under “special circumstances” (which are yet to be defined). You may request information on conditions for stay from NSM officials.
How do I apply to the NSM?
You can file a request in-person to be a Protected Person in person at:
Sub-Division 4 of the Immigration Bureau
Bangkhen Immigration Detention Center,
Police Club, Vibhavadi Rangsit Road,
Talat Bang Khen Sub-district, Lak Si District,
Bangkok 10210
The NSM Office is under the Thai Immigration Bureau. If you do not have legal status in Thailand, you are at risk of arrest if you present yourself to Immigration officials in order to apply to the NSM.
Currently, applications cannot be filed by email or through your representative.
Can I use my own language during the NSM process?
It remains unclear whether an interpreter will be provided for you. If you need to use an interpreter or bring your own interpreter, please inform and consult the NSM officials.
Can I bring my legal representative during the NSM process?
The RTG has advised that an NSM applicant may be accompanied by the legal representative during the interview with an NSM official.
Do I have to apply to the NSM?
The NSM is a voluntary process, and you are not required to apply if you do not want to do so.
Will I be arrested when submitting a request to be a Protected Person?
All NSM applicants are subject to Thai Immigration laws. If you do not have a valid visa or legal stay in Thailand, you are at risk of arrest, including by applying for the NSM. UNHCR has been advised by the RTG that you will not be arrested when applying for the NSM if you are already on bail.
Can I seek asylum with UNHCR and at the same time apply to the NSM?
The NSM is led by the Royal Thai Government. UNHCR continues to conduct a separate Refugee Status Determination (RSD) process.
If I am registered with UNHCR and then apply to the NSM, will UNHCR share my information with the NSM officials?
UNHCR is bound by the principle of confidentiality. When you register with UNHCR you are informed that your name, your date of birth, and your UNHCR status is shared with the Royal Thai Government (RTG). The government is responsible for all persons on its territory. UNHCR only shares information with the RTG in accordance with its global data protection policy.
Can I seek asylum with UNHCR if I am found not eligible to apply for Protected Person status?
UNHCR continues to conduct a separate Refugee Status Determination (RSD).
If I get Protected Person status under the NSM, what rights will I have?
According to clause 25 of the NSM Regulation, Protected Persons will:
- Be permitted to stay in Thailand on a temporary basis or under “special circumstances” (which are yet to be defined),
- Have access to education and healthcare.
Additionally, Protected Persons will be protected against deportation, except if you voluntarily choose to return or where national security is threatened.
Will I be given any identity documents under the NSM process?
Currently, there are two types of identity documents that are being given to individuals in the NSM process:
- Purple color booklet for those who have passed the pre-screening stage and are in the screening stage;
- Dark blue color booklet for those who have been determined to be “Protected Persons”.
It is important to note that these documents are not passports and do not provide any rights to travel outside of Thailand. It is not yet clear what kind of rights are provided to you with these documents.
Does the NSM give me a right to work legally?
How do I access healthcare in Thailand as a Protected Person?
It is unclear and UNHCR currently has no relevant information to provide.
How do I access education as a Protected Person?
Under the Education for All Policy, all non-Thai children in Thailand can receive 12 years of free basic education in public schools. For more information on how children can be enrolled in Thai public schools, please see this page.
Can Protected Persons access other documentation (i.e. driving license, health insurance)?
It is unclear and UNHCR currently has no relevant information to provide.
Can I stay permanently in Thailand as a Protected Person?
The current NSM framework does not provide Protected Persons with a right to stay permanently in Thailand.
Where can I find more information about the NSM
For additional information on the NSM, you may visit the Sub-Division 4 of the Immigration Bureau at Bangkhen Immigration Detention Center, Police Club, Vibhavadi Rangsit Road, Talat Bang Khen Sub-district, Lak Si District, Bangkok 10210. You can also call numbers 02-0241622 (for pre-screening stage) and 02-0245998 (for screening stage).
