Statute Details
- Title: Immigration (Exemption from Section 36(1)) Order 2022
- Act Code: IA1959-S395-2022
- Legislation Type: Subsidiary Legislation (SL)
- Authorising Act: Immigration Act 1959 (power under section 56)
- Enacting Minister/Authority: Minister for Home Affairs (made by Permanent Secretary, Ministry of Home Affairs)
- Commencement: 23 May 2022
- Key Provisions: Section 1 (Citation and commencement); Section 2 (Exemption)
- Current Version: Current version as at 27 Mar 2026
- Amendment History (from provided extract): Amended by S 1046/2024 with effect from 31/12/2024
- Relevant Timeline Entry: Original SL 395/2022 dated 23 May 2022; amended by S 1046/2024 effective 31 Dec 2024
What Is This Legislation About?
The Immigration (Exemption from Section 36(1)) Order 2022 is a short but legally significant instrument that modifies how a particular consequence under the Immigration Act 1959 operates for certain persons who are removed from, or lawfully sent out of, Singapore. In practical terms, it creates a targeted exemption from the operation of section 36(1) of the Immigration Act for a defined category of individuals.
While the Order itself is brief, its function is best understood against the background of the Immigration Act’s framework for immigration control, including decisions to prohibit entry and the legal effects that follow. The Order addresses a specific scenario: persons who are removed or lawfully sent out of Singapore after being informed that they are prohibited from entering Singapore under specified provisions of the Act (namely sections 24(2), 25(2), 25A(2), or 26(3)).
In plain language, the Order says that section 36(1) does not apply to such persons—subject to an important limitation. The limitation ensures that the exemption does not extend to removals carried out for other reasons, even if the person later becomes subject to the relevant “prohibited from entering” notification process.
What Are the Key Provisions?
Section 1: Citation and commencement. Section 1 provides the formal title and when the Order takes effect. It states that the Order is the “Immigration (Exemption from Section 36(1)) Order 2022” and that it comes into operation on 23 May 2022. The extract also indicates that an amendment took effect on 31/12/2024 via S 1046/2024, which suggests that the operative text of section 2 was later revised.
Section 2(1): The core exemption. Section 2(1) is the heart of the instrument. It provides that, subject to sub-paragraph (2), section 36(1) of the Immigration Act 1959 does not apply to a person who is removed from, or otherwise lawfully sent out of, Singapore after being informed under section 24(2), 25(2), 25A(2) or 26(3 that the person is prohibited from entering Singapore.
This language is carefully structured. Three elements must be present for the exemption to apply:
- Removal or lawful sending out: The person must be removed from Singapore or otherwise lawfully sent out.
- Timing relative to notification: The removal/sending out must occur after the person has been informed that they are prohibited from entering.
- Source of the prohibition notification: The “informed” prohibition must be under one of the specified provisions (s 24(2), s 25(2), s 25A(2), or s 26(3)).
Section 2(2): The limitation (exemption does not apply to removals for other reasons). Sub-paragraph (2) prevents overreach. It states that the exemption in section 2(1) does not apply to a person who is removed or lawfully sent out for any other reason at any time before, during or after the application of sections 24(2), 25(2), 25A(2) or 26(3) to the person.
This is a critical drafting safeguard. It ensures that the exemption is not triggered merely because the person later becomes subject to a prohibition notification under the listed provisions. Instead, the exemption depends on the reason for removal—and it excludes cases where removal occurs for reasons unrelated to the prohibition process, even if the prohibition process is applied at some point before, during, or after the removal.
Effect of the 2024 amendment (S 1046/2024, wef 31/12/2024). The extract shows that both section 1 and section 2 include bracketed references to [S 1046/2024 wef 31/12/2024]. Although the provided text does not show the “before” version, the presence of the amendment marker indicates that the legal effect of the exemption is not frozen at the 2022 text. Practitioners should therefore verify the current wording when advising on cases that straddle the amendment date, particularly where the “reason for removal” or the timing of being informed is contested.
How Is This Legislation Structured?
The Order is structured as a compact subsidiary instrument with only two operative provisions:
- Section 1 (Citation and commencement): identifies the instrument and sets its commencement date.
- Section 2 (Exemption): creates the exemption from the operation of section 36(1) of the Immigration Act for a defined category of persons, and then limits that exemption by excluding removals for other reasons.
There are no schedules or additional parts in the extract. The legal work therefore turns on interpreting the statutory phrases in section 2—particularly “removed or otherwise lawfully sent out,” “after being informed,” and “for any other reason.”
Who Does This Legislation Apply To?
The Order applies to persons who are subject to removal or lawful sending out from Singapore and who have been informed that they are prohibited from entering Singapore under one of the specified provisions of the Immigration Act (s 24(2), s 25(2), s 25A(2), or s 26(3)).
However, the exemption is not automatic for every person who is later prohibited from entering. It is limited by the requirement that the removal/sending out must not be “for any other reason” at any time before, during, or after the application of the relevant provisions. Accordingly, the Order is best understood as applying to a narrow procedural scenario—where the removal follows the prohibition notification process, and where the removal is not attributable to a different legal or factual basis.
Why Is This Legislation Important?
Although the Order is short, it can have meaningful consequences for immigration enforcement outcomes and for how subsequent legal effects are assessed. The reason is that it expressly modifies the operation of section 36(1) of the Immigration Act for a particular class of persons. In immigration law, the “downstream” effects of statutory provisions—such as entry restrictions, re-entry consequences, or other legal disabilities—often depend on whether a provision applies to the person in the first place.
For practitioners, the key practical value lies in the Order’s focus on timing and reason for removal. In real cases, these are often the points of dispute: whether the person was informed of prohibition before removal; whether the removal was carried out under the same legal pathway; and whether there were intervening enforcement actions or other grounds for removal that could take the case outside the exemption.
From an enforcement and compliance perspective, the limitation in section 2(2) also signals legislative intent to prevent the exemption from being used to “wash out” consequences where removal is driven by unrelated reasons. This makes the Order a targeted procedural correction rather than a broad amnesty or blanket relief.
Finally, because the extract indicates an amendment effective 31 December 2024, lawyers should treat the Order as a living instrument. Advice should be anchored to the current version as at the relevant decision date, and where necessary, practitioners should compare the pre- and post-amendment wording to determine whether the scope of the exemption changed.
Related Legislation
- Immigration Act 1959 (particularly section 36(1), and the notification provisions sections 24(2), 25(2), 25A(2), and 26(3))
- Immigration (Exemption from Section 36(1)) Order 2022 (SL 395/2022)
- S 1046/2024 (amending instrument; effective 31/12/2024)
Source Documents
This article provides an overview of the Immigration (Exemption from Section 36(1)) Order 2022 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.