1. The Immigration (Amendment) Act 2023 (“the Act”) was passed by Parliament on 18 September 2023. The Act introduced amendments to the Immigration Act 1959 (“IA”) to better enable the Immigration & Checkpoints Authority (ICA) to:
(a) Digitalise and automate immigration processes;
(b) More effectively respond to new and evolving challenges;
(c) Strengthen border controls against undesirable persons; and
(d) Enhance the administration of immigration passes and permits.
2. The following amendments to the IA will come into effect on 31 December 2024.
Digitalising and Automating Processes
3. To support automated clearance processes under ICA’s New Clearance Concept, the amendments specify that a person may undergo immigration clearance using an automated clearance system, if available, but that he or she may also be required to appear before an immigration officer for immigration clearance after using the automated clearance system, if so directed.
4. To facilitate the implementation of a new end-to-end biometric-enabled departure journey at Changi Airport, the amendments empower the Minister for Home Affairs to authorise the disclosure of passenger information to the airport operator for specific uses. This will enhance the traveller experience at Changi Airport, by reducing the need for passengers to repeatedly present their travel documents at various touchpoints.
5. The amendments also allow the use of digital permits and passes to verify a person’s immigration status. This supports the National Digital Identity initiative and the shift for all government processes to accept Government-issued digital passes for identity verification.
Strengthening Border Controls
6. To ensure that our laws are robust for the management of undesirable persons, as well as persons and vehicles of interest involved in immigration and non-immigration offences at the checkpoints, the amendments to the IA:
(a) Enhance ICA’s ability to manage threats to public security and public health, by allowing the Minister for Home Affairs to prohibit the entry into Singapore or transit through Singapore of foreigners on these grounds, without having to cancel their Permanent Resident (PR) status or immigration pass.
(b) Empower ICA officers to detain persons or vehicles of interest involved in non-immigration offences that are arrestable, or for which a warrant of arrest has been issued, pending the arrival of the relevant law enforcement agency officers (or their appointed auxiliary police officers). Currently, ICA officers only have powers of arrest for persons involved in immigration offences, or where non-immigration offences are committed within or in the vicinity of a checkpoint. Powers of detention currently also only extend to vehicles involved in immigration offences.
(c) Empower ICA officers to direct foreigners who may be denied entry into Singapore for reasons such as invalid visa or expiring documents to remain at an immigration depot or at a place designated by the Controller of Immigration (“Controller”), until arrangements are made for them to leave Singapore. The Minister is also empowered to legislate custodial management measures at immigration depots, where foreigners detained by ICA are held. 1
(d) Tighten the offence regime for those who provide false or misleading information to ICA to obtain immigration facilities such as permits or passes and clarify that the offences apply even if the applicant had provided the information while outside of Singapore. 2
Enhancing the Administration of Immigration Passes and Permits
7. The amendments remove the right of a foreigner to make statutory appeals to the Minister for decisions made by the Controller relating to PR status. This aligns the treatment of PR-related decisions with that of other immigration passes (e.g., Long-Term Visit Passes) and Singapore Citizenship, for which there is no avenue for statutory appeal. Foreigners are not entitled to demand to enter or stay in Singapore; this must be the prerogative of the Government. Although statutory appeals will no longer be available, individuals can continue to seek the Controller’s reconsideration of such decisions when there are relevant new facts or circumstances.
8. The amendments also simplify the process for imposing or varying conditions on permits. Currently, ICA must first notify permit holders of the changes, and allow them to make representations before the changes take effect. The amendments allow ICA to simply notify permit holders of the change. Similar provisions for imposing or varying conditions on passes have also been introduced. These provisions will allow ICA to regulate the conduct of the pass holders more effectively through the variation of existing conditions, which may be necessary during contingencies such as pandemics.
Conclusion
9. These amendments will enable ICA to continue to keep our borders safe and secure.
