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 families have
access to information on the amount of their accrued social security benefits prior to their
expulsion.
Consular protection
59. Article 23 of the Convention provides for migrant workers and members of their
families subject to an expulsion decision to be informed without delay of their right, and to
have recourse to the protection and assistance of the consular or diplomatic authorities of
their State of origin. It also requires the authorities of the expelling State to facilitate the
exercise of this right. Accordingly, the expelling State shall inform the person concerned
without delay of this right, that is, at the time of or shortly after notifying the person of the
expulsion decision and preferably in a language he or she understands. It shall facilitate any
communication between the person concerned and the consular or diplomatic authorities
of the State of origin.
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