The National Screening Mechanism or NSM is a mechanism under Thai domestic laws to distinguish between Illegal Aliens (subject to criminal charges under the Immigration Act) and Refugees (Protected Persons). The purposed of the NSM is to identify people who need protection in Thailand because they cannot return to their home.
Qualification of applicants to NSM are a person who is a Non-Thai person and is unable or unwilling to return to the country of origin, a person who is not belonging to any group which is dealt with specific mechanism or procedure by the Ministry of Interior and a person who is not being a migrant worker from Myanmar, Laos and Cambodia who are dealt with any other specific mechanisms.
Criteria of NSM
Who is a “Protected Person” under the NSM?
- Outside of their country of nationality or country of habitual residence
- In Thailand
- Unable or unwilling to return to country of nationality or country of habitual residence
- Reason to believe they will face harm from persecution
- Ethnicity, religion, nationality, political opinion, and membership of particular social group
Who is not a “Protected Person” under the NSM?
- Migrant workers from Myanmar, Laos, and Cambodia
- Persons subject to specific procedures issued by the Ministry of Interior or the Cabinet
- Persons who receive protection from other state
- Persons involved in crime against peace
2 Main Stages of NSM process, they are –
(1) Eligibility Application for Person Seeking Protection
- Request for preliminary screening submitted to the Immigration Bureau
- If request is positive, the alien is eligible to submit an Application for Person Seeking Protection
- Purpose: To screen for eligibility to submit an application
(2) Application for Person Seeking Protection
- Application to apply for Protected Person Status submitted to the Protected Person Screening Committee
- While their application is under consideration, the applicant will bear legal status as a Person
Under Screening
- If application is positive, the alien will be granted the Protected Person Status
- Purpose: To screen for grounds of persecution to determine protection
For NSM processes overview, the first registration must be submitted, after which the pre screening decision will be made within 30 days. Appeal if not passed within15 days and registration if passed within 60 days . If the applicant is determined to meet the specified qualifications, they will receive the protection of the NSM which are
- Documentation or Temporary stay Legal Status
- No Deportation
- Permit to stay temporary or specially
- Education For Children
- Health Care Services
and if the applicant does not meet the specified information, the applicant will be charged under the Immigration Act.
