Deportation vs Repatriation vs Extradition: What’s the Difference?

Last updated on August 23, 2024

man standing with suitcase ready to fly back home

This article aims to explain the differences between deportation, repatriation and extradition – terms that commonly appear in the news when a foreigner has been charged with a criminal offence in a country. It will cover the following topics:

What is the Difference Between Deportation vs Repatriation vs Extradition?

Generally speaking, deportation, repatriation and extradition all refer to processes by which a foreigner (referring to someone who is a non-citizen of a country) may be removed from that country. However, there are important conceptual differences between the three processes, as summarised below.

Deportation is generally used to describe the decision and process of expelling a foreigner who is no longer welcome in the country.
Repatriation refers to the return of a foreigner to his or her country of origin. Repatriation can either be voluntary or involuntary. Voluntary repatriation generally involves a foreigner who elects, on his/her own accord, to terminate his/her stay in the country. On the other hand, involuntary repatriation happens when the foreigner’s permission to remain in the country expires or is revoked, such as when his/her work permit is cancelled.
Extradition refers to the process by which a person accused or convicted of a crime in one country (Country A), but who is currently based in another country (Country B), is delivered to that country’s (Country A) law enforcement. In Singapore, the extradition process is governed by the Extradition Act. In order for a person to be extradited to or from Singapore, a formal arrangement known as an extradition treaty signed between Singapore and the other country is usually required, with mutually agreed upon conditions laid out in the treaty.

What are the Grounds on Which a Foreign Person Can be Removed By Deportation, Repatriation or Extradition?

Deportation

Under the Immigration Act, there are three situations in which foreigners may be deported from Singapore:

If they are found to be prohibited immigrants.
If they are illegal immigrants.
If their presence in Singapore is unlawful.

A high-profile and widely reported case of persons who were deported from Singapore happened in 2024 in respect of the billion-dollar money laundering case, where 10 offenders were convicted and sentenced in Singapore. The 10 offenders were nationals of various countries, including China, Cambodia, Cypriot and Turkey. More than half of them were deported to Cambodia, Japan and the UK after serving out their prison sentences, and they were also barred from returning to Singapore indefinitely.

Prohibited immigrants

Prohibited immigrants refer to foreigners as well as their families and dependents who, in the opinion of the Controller of Immigration appointed by the Minister for Home Affairs, fall under any of the following categories:

Foreigners who are unable to show that they have the means of supporting themselves and their dependents (if any), or to show that they have definite employment in Singapore.
Foreigners suffering from a contagious or infectious disease which makes their presence in Singapore dangerous to the community.
Foreigners suffering from AIDS or infected with HIV.
Foreigners wanting to enter Singapore, but who refuse to submit to a medical examination when required to do so.
Foreigners who have been convicted of an offence and sentenced to imprisonment in any country, have not received a free pardon, and by reason of the circumstances surrounding their conviction, are assessed by the Controller of Immigration to be undesirable immigrants.
Foreigners working as prostitutes, or who are living on or receiving, or who have lived on or received the proceeds of prostitution.
Foreigners who procure or attempt to bring into Singapore prostitutes or women for the purpose of prostitution or other immoral purpose.
Foreigners who live by begging.
Foreigners whose entry into Singapore are or were unlawful. (Examples of this are discussed below under the section on illegal immigrants.)
Foreigners who believe in or advocate the overthrow by force or violence of the Singapore government, who do not believe in an established government, who advocate the assassination of public officials, or who advocate or teach the unlawful destruction of property.
Foreigners who are members of or affiliated with any organisation believing or advocating for the objectives in the category above.
Foreigners who are considered by the Minister for Home Affairs to be undesirable immigrants. An example of when the Minister for Home Affairs had made such a determination is the case of Indonesian tycoon Mr Hartawan Aluwi, who was suspected of allegedly misusing the Indonesian government’s money during the 2008 global financial crisis. He was deemed to be an undesirable immigrant due to his involvement in fraudulent investment schemes and money laundering activities, and was deported to Indonesia.
Foreigners who have been removed from any country by the government of that country on repatriation, and by reason of the circumstances surrounding their repatriation, are assessed by the Controller of Immigration to be undesirable immigrants.
Foreigners who are not in possession of valid travel documents.

A well-known example of foreigners being deported after being assessed to be undesirable immigrants happened in the wake of the 2013 Little India riots. 53 foreign workers, all of whom were Indian nationals except for one Bangladeshi, were deported to their home countries. The deported workers had participated in the riot, obstructing the police and failing to obey police orders to disperse. Accordingly, they were deemed to have posed a threat to the safety and security of Singapore.

Illegal immigrants

Illegal immigrants refer to persons who are convicted of specific offences under the Immigration Act, including:

Entering or attempting to enter Singapore through an unauthorised point of entry, whether by sea, air, train or road (i.e. a point of entry into Singapore other than one which is specifically authorised, such as Singapore Changi Airport, Tanah Merah Ferry Terminal, Marina Bay Cruise Centre Singapore, Woodlands Train Checkpoint, Woodlands and Tuas Checkpoints etc.).
Leaving or attempting to leave Singapore through an unauthorised point of departure, whether by sea, air, train or road (i.e. a point of departure from Singapore other than one which is specifically authorised).
Entering or attempting to enter Singapore without possessing a valid entry or re-entry permit, without being in the company of the holder of a valid entry permit or re-entry permit, or without being in possession of a valid pass.
Departing from Singapore without completing an embarkation form and submitting it for examination by an immigration officer if required by the immigration officer.
Being a prohibited immigrant (as defined in the section above), but entering Singapore otherwise than in accordance with a valid pass.
Entering, re-entering or remaining in Singapore in contravention of an order made by the Minister for Home Affairs prohibiting the person from doing so.

Unlawful presence

Lastly, unlawful presence refers to situations in which persons remain in Singapore despite the cancellation of their permit or certificate (e.g. work permit), or the cancellation of any pass issued to them granting them permission to remain in Singapore for a prescribed duration and under certain conditions (e.g. visit pass, employment pass, S pass).

Repatriation

There are two types of repatriation – voluntary repatriation and involuntary repatriation.

Voluntary repatriation

Foreigners residing in Singapore may apply to the Controller of Immigration to be repatriated with their family at the cost of the Singapore government, if they satisfy the following three conditions:

They are unable to find employment or to support themselves and their family, because of destitution, infirmity or mental incapacity.
They are unable to pay the cost of their (and their family’s) travel back to the country of their birth or citizenship.
They are or are likely to become reliant (e.g., financially reliant) on the public or on a charitable institution in Singapore.

In this instance, any persons voluntarily repatriated at the cost of the Singapore government have to enter into an undertaking that they will not return to Singapore without the permission in writing of the Controller of Immigration. Such permission may be granted, subject to a full refund of the repatriation costs and the fulfilment of other conditions.

Involuntary repatriation

Involuntary repatriation happens when a foreigner’s permission to remain in the country expires or is revoked. Typically speaking, this happens within the context of employment of foreign workers.

Employers are required to repatriate their foreign employees when their work permits or visit passes expire, or are cancelled or revoked, and if the employees have not been employed by another employer.

Extradition

In order for persons to be extradited from Singapore to another country several conditions have to first be met:

The other country must be one of the following:
- A declared Commonwealth country, such as Australia, Canada, India, New Zealand, United Kingdom etc. The full list of countries is set out in the schedule to the Extradition (Commonwealth Territories) Declaration.
- A country with which Singapore has a bilateral (i.e. between two states) extradition treaty in force. For the time being, this group of countries is limited to Germany, the United States and Hong Kong.
- A country which is a party to a multilateral (i.e. between multiple states) convention which Singapore has also ratified, and where the convention allows for extradition of persons who commit offences under those conventions. Examples of such conventions include the Hostage-Taking Act, the Terrorism (Suppression of Financing Act) and the Hijacking of Aircraft and Protection of Aircraft and International Airports Act.
- A country with which Singapore has special extradition arrangements, such as Malaysia and Brunei, where such arrangements are based on the mutual recognition of arrest warrants.
The person must have committed an extraditable offence. This includes:
- Offences against the law in force in Singapore or the foreign state that carry a maximum jail term of at least 2 years or any more severe punishment, and are not considered an “excluded offence” under the First Schedule of the Extradition Act. Examples of extraditable offences in Singapore include:
  - Murder;
  - Culpable homicide not amounting to murder;
  - Assault occasioning actual bodily harm;
  - Rape;
  - Kidnapping;
  - Bribery;
  - Stealing, embezzlement, receiving stolen property or any other offence in respect of property involving fraud;
  - Burglary; and
  - Robbery.
- Offences that have been declared as extraditable offences under multilateral conventions stated in the Fourth Schedule of the Extradition Act.
None of the restrictions on extradition apply, including:
- If there are substantial grounds to believe that the request for extradition was made for the purpose of prosecuting or punishing the persons on account of their race, religion, nationality or political opinions, or that the persons may be prejudiced at their trial or punished by reason of their race, religion, nationality or political opinions in the requesting state.
- If the offence to which the request for extradition was made is an offence of a political character.
- If the persons sought to be extradited have been acquitted or pardoned by a competent tribunal or authority of any country, or have served the punishment meted in any country.
- If the persons sought to be extradited are being held in custody or imprisoned in Singapore for an offence committed here.
- If it would be unjust, oppressive, or too severe a punishment to surrender the persons to the requesting state, considering the trivial nature of the offence committed, the nature of the accusations made against the persons (e.g. whether they were made in good faith or in the interests of justice), or the length of time from the commission offence to the extradition request.

Unlike for deportation and repatriation, where the relevant authority making the decisions is the Minister for Home Affairs and/or the Controller of Immigration, the Attorney General’s Chambers is Singapore’s central authority for extradition matters.

Examples of successful extraditions of foreigners from Singapore include:

In 2019, an Indian national who was extradited from Singapore to the United States to stand trial for his role in a call centre scam which targeted over 15,000 victims in the United States, cheating them of at least US$230 million. The Indian national was suspected of being part of an Indian-based transitional criminal organisation, and had been indicted in the United States prior to his extradition.
In 2018, an Australian national was extradited from Singapore to Australia to stand trial for alleged offences connected with his alleged role in a car rebirthing syndicate operating across the west of Sydney.

What is the Process For Deporting, Repatriating or Extraditing a Foreign Person?

Deportation

Typically, if a foreigner is deported after serving their sentence in Singapore, they will be escorted directly from prison to the Immigration & Checkpoints Authority (ICA), where they will be processed for deportation.

Foreigners can indicate which country they would like to be deported to, so long as their passport or travel documents permit them to travel to and enter that country. However, this choice is not final. It is ultimately up to the relevant authority of the deporting country to assess whether they can be admissible to the foreign country. After the processing is completed, they will be escorted to the airport, to the ferry terminal, or to the checkpoints.

Repatriation

In the case of voluntary repatriation, after the foreigner applies to the Controller of Immigration to be repatriated at the cost of the Singapore government, the Controller of Immigration will determine whether the application should be granted. Upon granting the application, the repatriation process follows that of the deportation process, whereby the foreigner will be processed to be repatriated, and escorted to the relevant point of departure from Singapore. One key difference is that for repatriation, the foreigner will not typically be given a choice of where they would like to be repatriated to – the default would be to their country of birth or citizenship.

As for involuntary repatriation in the context of employment of foreign workers, the employers are typically responsible for ensuring that the foreign workers leave Singapore after their relevant passes/permits expire.

Extradition

Generally speaking, the extradition process tracks the following stages:

Formal Request: The relevant authority of the requesting state must submit a formal request for extradition to the Attorney General’s Chambers, with supporting documents. The request for extradition and supporting documents will then be forwarded to the Minister for Law, who may issue a notice to a Magistrate that a request has been made.
Arrest: The Magistrate will issue a warrant for the arrest of the fugitive, and the relevant law enforcement agency will proceed to effect the arrest, and bring him/her before the Magistrate as soon as practicable. The Magistrate may then remand him/her in custody or release him/her on bail.
Hearing: The matter will be fixed for a committal hearing before a Magistrate. At the hearing, the Magistrate will consider the evidence provided by the requesting state and the fugitive and will determine whether a plausible case has been made out on the face of the evidence presented. If the Magistrate is satisfied that there is a duly authenticated warrant for the fugitive, or if there is sufficient evidence to justify the trial of the fugitive if the offence had been committed in Singapore, the Magistrate will commit the fugitive to prison pending surrender. Upon committal, the Magistrate will issue a certificate to the Minister for Law informing him of the same. If the Magistrate determines that the grounds for committal have not been made out, the Magistrate shall order the fugitive to be released.
Application to review detention: The Magistrate will inform the fugitive that he/she will not be surrendered until after the expiration of 15 days from the date of the committal. The fugitive may then apply for a review of his/her detention. The High Court will hear the application, and will consider whether the fugitive has been lawfully detained.
Surrender: After the 15-day period has elapsed, and if the fugitive has not applied to review his/her detention, the Minister for Law may issue a warrant of surrender, which allows the escorting officers of the requesting state to escort the fugitive out of Singapore. The fugitive has to be escorted out of Singapore within 2 months after the date of committal or the decision of the court in the application to review detention, whichever is later. If this timeline is not complied with, the fugitive may apply to the High Court for an order that he/she be released.

You can refer to our other standalone article on extradition for a more detailed overview of the above process, and other matters related to extradition.

Who Bears the Cost of the Flight/Return to the Foreign Person’s Home Country?

Deportation

When a foreigner is to be deported, they will usually be contacted by ICA to inform them about their deportation, and ask if they have the means to pay for their transport home, including if they have friends or relatives in Singapore or overseas who can foot the cost for them. If they can pay for their own flight, they may have more control over when they return home.

However, if they are unable to afford it, the Singapore government will cover the cost, and the ICA will secure the cheapest and most direct flight to the country to which the foreigner is to be deported to.

Repatriation

If the Controller of Immigration grants the foreigner’s application for voluntary repatriation, this will be at the cost of the Singapore government.

As for involuntary repatriation, employers bear the responsibility of costs associated with repatriating their foreign employees except where the Controller of Immigration permits otherwise. The employer also has to ensure that they have paid all outstanding salaries or monies due to the foreign employees before repatriating them. These obligations on employers are put in place to avoid a situation where foreign workers, upon termination of their employment, are left stranded in Singapore without a means to return home.

Extradition

The costs involved in the extradition process are typically allocated in the treaties/arrangements allowing for extradition themselves. For example, in the extradition treaty between Singapore and Hong Kong, it is provided that expenses incurred in the jurisdiction of the requested party arising from the request for extradition shall be borne by that party.

However, if the expenses are of an extraordinary nature, the two governments shall consult each other on how the expenses shall be met. Following the surrender of the fugitive, all expenses shall be borne by the requesting party. In the absence of any specific provisions providing for the allocation of costs, the two governments will likely have to consult each other on how the costs are to be borne.

Is There Any Appeal Mechanism Currently in Place For a Foreign Person Who is Deported, Repatriated or Extradited?

Appeals against the decision to be deported or repatriated can be made in writing to the Minister for Home Affairs. This is unless the deportation or repatriation is based on the expiry of a Singapore pass or visa granted to the foreigner.

However, a foreigner who is repatriated or deported has no right under the law to challenge the decision in court. In other words, if a foreigner has been ordered to be repatriated or deported due to a crime he/she has committed, he/she will not be entitled to judicial hearings or a right to be heard in court in respect of the repatriation or deportation order. The rationale behind this is partially to prevent the imposition of a burdensome repatriation process in Singapore, as is the case in some other countries, where the repatriation process can take years, or is almost impossible.

In contrast, the decision to be extradited can be appealed to court. To do so, the fugitive can apply to the General Division of the High Court for a review of the Magistrate’s order to commit him/her to present pending surrender.

There is no further appeal against the decision of the General Division of the High Court. However, if there is a question of law of public interest which has arisen in the matter, and the General Division of the High Court’s determination of said question has affected the outcome of the case, the fugitive may be able to apply to the Court of Appeal for permission to refer the specific question to the Court of Appeal.

In Hia Soo Gan Benson v Public Prosecutor and other matters, the Court of Appeal heard applications filed by two individuals, who had been committed to be extradited to the US to stand trial for conspiracy to defraud the US by dishonest means. The High Court had earlier dismissed their applications to review their detention. Dissatisfied, the two individuals wanted to appeal the High Court’s decision to the Court of Appeal. However, the Court of Appeal dismissed the two individuals’ attempts to refer alleged questions of law of public interest to it, on the basis that the questions raised were irrelevant to the High Court’s decision at first instance, and the proposed questions did not affect the outcome of the case.

Can a Foreign Person Who has been Deported, Repatriated, or Extradited Return to Singapore?

Foreigners who have been deported cannot return to Singapore, according to ICA. They will need to seek consent from the Controller of Immigration for subsequent entry into Singapore.

However, for foreigners who have been repatriated, this depends on the conditions attached to your repatriation. Some may be banned from returning to Singapore unless permission from the Controller of Immigration is given for subsequent entry into Singapore. Others may be banned indefinitely from entering Singapore, or just for a fixed number of years. There are even some who may not be banned from returning at all.

Lastly, for foreigners who have been extradited, there is no hard and fast rule banning them from re-entering Singapore. However, it is possible that such foreigners may come under one of the categories qualifying them as prohibited immigrants liable to deportation from Singapore upon re-entry.

Any person who attempts to unlawfully enter Singapore in contravention of any provision of the Immigration Act shall be guilty of an offence and shall be punished with imprisonment for a maximum term of 2 years as well as be liable to a maximum fine of $4,000.

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In conclusion, the deportation, repatriation and extradition processes differ in many areas, ranging from the grounds on which a foreigner may be removed by one of these processes, the processes themselves, and even the consequences.

If you, or someone you know, is potentially liable to be deported, repatriated or extradited from Singapore, you may wish to seek further guidance or advice from a criminal lawyer.

An experienced criminal lawyer will be able to advise you on your rights in the situation, and even represent you in any court proceedings (e.g. in your committal hearing before the Magistrate), or in your application to review your detention.