Fellow’s quest to enhance legal empowerment of refugees in Thailand

Growing up in Taungoo, Myanmar, Andrew Wai Phyo Kyaw was introduced to a multicultural environment rich in different ethnicities and religions from a young age. Through his involvement with the church he came to learn about displaced Karen people who had been forced from their homes by the military junta and now lived in shelters along the Thailand-Myanmar border – including some of his own relatives. This proved transformative for Andrew and marked the beginning of a lifelong journey to learn about and support refugees. 

“I grew up hearing and learning about Karen displaced people, both their struggles and opportunities, which sparked my curiosity, passion and compassion to support and understand the context of displacement in Myanmar and globally,” he says. 

In 2014 Andrew moved to the city of Loikaw with his family, where he completed a certificate in Intensive Community Development and Leadership at the community-based school Level Up College. He then enrolled in a long-distance Bachelor of Arts in history at the University of Taungoo and, while studying distance education, took a job as a Teacher Trainer for the Jesuit Refugee Service in Mae Song Hon, Thailand in 2018. There he trained refugee teachers who would be educating Myanmar children in refugee camps, focusing on language subjects and professional development.

Interested in academia’s role in contributing to the refugee experience, Andrew relocated to Bangkok in 2020 to study at Chulalongkorn University. A Master of Science in urban strategies was followed by a PhD in international development studies in 2022. His PhD explored the relationship between legal literacy and agency in seeking protection among urban refugees in Thailand. As a non-signatory of the 1951 Refugee Convention, the term “refugee” is not officially recognised in Thailand and refugees are thereby considered illegal immigrants under the Thai Immigration Act of 1979. Despite this, the country has a large population of refugees and asylum seekers – approximately 85,000 in 2025 according to the United Nations High Commissioner for Refugees (UNHCR) – who seek legal protection in their new home.

An encounter with a refugee named Ann inspired Andrew’s topic. Ann was involved in a motorbike accident in Bangkok, but lacking a valid visa or documentation, did not want to go to hospital. Her husband insisted, assuring her they had a refugee card verified by the UNHCR and could receive legal support from Asylum Access Thailand.

“Ann’s experience reflects the lived experience of many urban refugees in Thailand who worry about being arrested,” Andrew explains. “Her husband’s reaction showed that awareness of existing mechanisms for urban refugees in Thailand could help them seek protection and reflects the use of knowledge in the pursuit of justice.”

A particular focus of his research was the National Screening Mechanism (NSM), a legal process established in 2019 that enables qualifying refugees to stay in Thailand temporarily as “protected persons”. While a small step in the right direction, the NSM’s complicated bureaucratic procedures create barriers to deter applicants, including mandatory detention during screening and high bail requirements. 

The initiative also lacks a clear path to permanent residency, social integration or family reunification, illuminating a concept Andrew has termed “legal literate but disempowered”.

“This creates a paradox where knowing the law raises awareness of rights that cannot be enforced, highlighting the limitations of legal empowerment in a restrictive legal environment.”

Andrew is now expanding on his PhD research through the Centre for Asia Pacific Refugee Studies’ (CAPRS) Non-Residential Fellowship (NRF) programme. A University of Auckland research centre located within the Faculty of Arts and Education, CAPRS is dedicated to supporting refugees and displaced people from the Asia Pacific Region to be meaningfully represented in research, policy and programming which affects their lives.   

“As part of this, we amplify scholarship that takes the voices, experiences and expertise of those with lived experience of forced displacement and use that to inform policy and practice,” says CAPRS co-director Ritesh Shah. “We need more individuals with lived experience in academia who can translate their research into accessible forms that can influence policymakers, civil society organisations, governments and UN agencies.”

The NRF programme, which is supported by the Boyd Clarke Foundation, helps recent postgraduates from the Asia-Pacific region convert their existing research into action-oriented projects that can affect change with the public, civil society and key decision-makers. Fellows are assigned a mentor and regularly meet as a cohort online to discuss progress and engage in professional development workshops led by University experts.

“The support from the Boyd Clarke Foundation has been incredible,” says Ritesh. “They have generously stepped in since 2022 and enabled us to continue to support two to three fellows each year.” 

Through the NRF programme, Andrew is meeting with refugee communities and those involved in advocacy to share his dissertation findings and gather input on how to effectively engage policymakers and improve legal empowerment. He will then produce a policy brief that advocates can use in their work to

enhance the agency of vulnerable communities.

“My ultimate goal is to influence those who engage in advocacy and those who make policy,” he says, adding that he hopes refugees and displaced people in Thailand will one day be provided genuine protection to seek refugee status without living in fear of arrest, detention or deportation.

Now a research associate at Chiang Mai University exploring forced displacement in Southeast Asia, Andrew plans to continue building his career as a scholar and contributing to his communities – something he says the NRF programme has helped with.

“This fellowship has introduced me to valuable networks where I can learn, exchange ideas and collaborate on topics I am passionate about. The value I have gained is priceless and offers lifelong benefits in the academic industry.”