CMW/C/GC/2 migrant workers and their family members, whose rights and freedoms as recognized in the Convention have been violated. The Committee notes that migrant workers and members of their families must be given adequate time and facilities to pursue such a remedy against expulsion so as to ensure the effectiveness of their right to review. Such facilities should include the right to legal assistance and the assistance of an interpreter, if necessary, and be free of charge, if the circumstances of the case so require. The competent authority reviewing the decision of expulsion should ideally be a court. The right to appeal expulsion under article 22, paragraph 4, of the Convention may only be restricted for “compelling reasons of national security”. 54. Article 22, paragraph 5, states that if an expulsion decision that has already been executed is subsequently annulled, the person concerned has the right to seek compensation according to law. The expelling State shall ensure that the expelled person has the necessary facilities to pursue his or her compensation claim from abroad, for example, by appointing a legal representative. Furthermore, the expelling State may not invoke the earlier (annulled) decision to deny the person concerned re-entry into its territory. 55. Article 22, paragraph 6, provides for the person concerned by an expulsion decision to have a reasonable opportunity before or after departure to settle any claims for wages and other entitlements due to him or her and any pending liabilities. This provision echoes article 9, paragraph 1, of ILO Convention No. 143 (1975) concerning Migrations in Abusive Conditions and the Promotion of Equality of Opportunity and Treatment of Migrant Workers (Supplementary Provisions). The opportunity to settle claims, wages and other benefits must be effective in practice. Migrant workers often encounter problems pursuing legal claims in the State of employment once they have returned to their State of origin, including high litigation costs or difficulties providing evidence. Therefore, States parties should, whenever possible, grant migrant workers and their family members a reasonable period of time prior to their expulsion to claim wages and benefits. States parties should also consider time-bound or expedited legal proceedings to address such claims by migrant workers. In addition, States parties should conclude bilateral agreements so that migrant workers who return to their State of origin may have access to justice in the State of employment to file complaints about abuse and to claim unpaid wages and benefits. 56. Article 22, paragraph 7, provides for migrant workers and members of their families who are subject to an expulsion decision to seek entry into a State other than their State of origin, without prejudice to the execution of the expulsion decision. The exercise of this choice on the part of the migrant worker and family members is subject to the consent of the third State. 57. Article 22, paragraph 8, provides that migrant workers and members of their families shall be exempt from bearing the costs of their expulsion. The expelling State may require that they pay their own travel costs, but migrant workers must not be required to pay the costs of the legal proceedings leading to their expulsion or the costs of their administrative detention (see also art. 17, para. 8). However, the Committee notes that migrant workers who are in an irregular situation not of their own making, for example, redundancy before expiry of a contract or where an employer failed to complete the necessary formalities, should not be responsible for the costs of expulsion, including travel costs. 58. Article 22, paragraph 9, complements article 22, paragraph 6, and article 25, paragraph 3, stating that migrant workers and family members should not be deprived of their acquired rights, such as the right to receive wages and “other entitlements,” including social security benefits or reimbursement of contributions made with respect to such benefits. States parties should therefore ensure that migrant workers and members of their 15

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents