The Court of Appeals in Thailand upheld a lower court’s verdict on Wednesday and ordered Y Quynh Bdap, a Christian activist and co-founder of Montagnards Stand for Justice (MSF), to be sent back to Vietnam from where he fled.  

While Bdap lost his appeal in court this week, the Thai government may or may not extradite Bdap to Vietnam. The case is closely watched by U.S. officials, religious freedom advocates, and human rights groups. 

A Thai court in Fall 2024 ordered Bdap, 32, to be extradited to Vietnam to face charges and a 10-year sentence for alleged terrorist and anti-Communist government activities tied to protests in June 2023 in Vietnam. The Vietnamese government made the unusual extradition request to Thai officials even though Bdap was not in Vietnam during the protests.

Bdap has sought asylum and resettlement in Thailand since 2018. As a U.N. refugee in Thailand, he is entitled to the Thai government’s protection from being forcibly returned to a country where he is likely to face persecution. Several human rights organizations, including Human Rights Watch, have called for Thai authorities to release Bdap. 

International Christian Concern (ICC) and other global organizations have followed and chronicled Bdap’s case, and pushed for his successful asylum in Thailand.  

“If extradited to Vietnam, he will likely face torture, violence, and imprisonment,” said an ICC staffer in the region. “It looks like the Thai court is caving to pressure from the Vietnamese Communist Party to extradite Bdap. This will set a dangerous precedent for the thousands of other Christian refugees in Thailand who could also be extradited to their home country, where they fled persecution. ICC calls on Thai authorities to release and not surrender Bdap to Vietnam.” 

According to the Cross-Cultural Foundation (CrCF), the Court of Appeals concluded on Wednesday that although Thailand lacks a formal extradition agreement with Vietnam, the Thai Court can cooperate on the “principle of reciprocity.” 

Even with Bdap’s refugee status under the United Nations High Commissioner for Refugees Convention, the Court of Appeals found that it could not interfere with Vietnam’s earlier court ruling that charged Bdap with the criminal offenses. 

“The Court also did not believe that if Y Quynh Bdap were returned, he would face danger or inhumane treatment or degrading human dignity under the Prevention of Torture and Enforced Disappearance Act B.E. 2565 (2022),” according to (CrCF) “because there was no evidence that Y Quynh Bdap was assaulted or threatened while in the Socialist Republic of Vietnam’s detention, and the Vietnamese government had guaranteed his safety. It is believed that when sent back, there will be no danger or cruelty. The Court of Appeal’s decision is final.”  If the Thai government doesn’t surrender Bdap to Vietnam authorities within 90 days, he will allegedly be released. The Cross-Cultural Foundation (CrCF) is a human rights organization certified by the National Human Rights Commission (NHRC) that promotes and protects human rights and access to justice for the public.

Bdap is part of the Montagnard minority community in Vietnam, a predominantly Christian ethnic group that lives in the Central Highlands of Vietnam and Cambodia. The Montagnards have long faced harassment, persecution, and arrests by Vietnamese officials who crack down on church groups not sanctioned by the government. Vietnam allows some semblance of religion in the form of tightly controlled registered religious groups. 

For more than two decades, the United States Commission on International Religious Freedom (USCIRF) has recommended that the U.S. Department of State designate Vietnam as a Country of Particular Concern, in part because of the ongoing persecution of Montagnards. ICC included Vietnam in its 2025 Global Persecution Index of top persecuting countries. 

ICC staff have visited with Montagnard Christians in Thailand who have sought asylum after being persecuted. 

“During one visit, we saw dozens and dozens of Montagnard Christian families living in very basic and harsh conditions while waiting for years in Thailand, hoping for resettlement,” an ICC staffer said. “We met with Montagnard pastors and church leaders who were doing their best to strengthen their people spiritually through Bible studies and small group fellowships. Despite the extreme challenges in Thailand, they are still faithful and hopeful. But help is desperately needed for these Christian refugees.” 

The international church and human rights communities must continue to pray and work for Bdap and the hundreds of Christian refugees languishing in Thailand. 

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