32. While noting steps taken by the State party to improve conditions for migrant children and their family members in detention, including through the Memorandum of Understanding on the Determination of Measures and Approaches Alternative to the Detention of Children in Immigration Centres, the Committee remains concerned that irregular migrants and stateless persons may be subject to criminal prosecution and indefinite detention, without proper access to judicial review, solely as a result of their irregular entry into the country or lack of personal documents.(...) The Committee notes with grave concern the special legislative framework applied to ethnic Uyghur and Rohingya migrants, many of whom are seeking international protection, who are denied access to the protected person status conferred by the national screening mechanism and who are instead subject to the purview of the National Security Council, without individualized determinations regarding their status (arts. 2, 3, 11–13 and 16).
33. The State party should: (...)
(b) Ensure that its legislation, including the Immigration Act B.E. 2522 (1979), conforms with international standards that prohibit criminal prosecution and indefinite detention for irregular entry; (...)
(f) Consider ratifying the Convention relating to the Status of Refugees and the Protocol relating to the Status of Refugees, the Convention relating to the Status of Stateless Persons and the Convention on the Reduction of Statelessness.
Detention
International Instruments
Legislative/Judicial/Administrative action