9
the offence, provision is made by law for the imposition of a lighter penalty, he or she shall benefit
thereby.
2. Humanitarian considerations related to the status of a migrant worker, in particular with respect to
his or her right of residence or work, should be taken into account in imposing a sentence for a
criminal offence committed by a migrant worker or a member of his or her family.
Article 20
1. No migrant worker or member of his or her family shall be imprisoned merely on the ground of
failure to fulfil a contractual obligation.
2. No migrant worker or member of his or her family shall be deprived of his or her authorization of
residence or work permit or expelled merely on the ground of failure to fulfil an obligation arising out
of a work contract unless fulfilment of that obligation constitutes a condition for such authorization or
permit.
Article 21
It shall be unlawful for anyone, other than a public official duly authorized by law, to confiscate,
destroy or attempt to destroy identity documents, documents authorizing entry to or stay, residence or
establishment in the national territory or work permits. No authorized confiscation of such documents
shall take place without delivery of a detailed receipt. In no case shall it be permitted to destroy the
passport or equivalent document of a migrant worker or a member of his or her family.
Article 22
1. Migrant workers and members of their families shall not be subject to measures of collective
expulsion. Each case of expulsion shall be examined and decided individually.
2. Migrant workers and members of their families may be expelled from the territory of a State Party
only in pursuance of a decision taken by the competent authority in accordance with law.
3. The decision shall be communicated to them in a language they understand. Upon their request
where not otherwise mandatory, the decision shall be communicated to them in writing and, save in
exceptional circumstances on account of national security, the reasons for the decision likewise stated.
The persons concerned shall be informed of these rights before or at the latest at the time the decision
is rendered.
4. Except where a final decision is pronounced by a judicial authority, the person concerned shall have
the right to submit the reason he or she should not be expelled and to have his or her case reviewed
by the competent authority, unless compelling reasons of national security require otherwise. Pending
such review, the person concerned shall have the right to seek a stay of the decision of expulsion.
5. If a decision of expulsion that has already been executed is subsequently annulled, the person
concerned shall have the right to seek compensation according to law and the earlier decision shall not
be used to prevent him or her from re-entering the State concerned.
6. In case of expulsion, the person concerned shall 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.
7. Without prejudice to the execution of a decision of expulsion, a migrant worker or a member of his
or her family who is subject to such a decision may seek entry into a State other than his or her State
of origin.
8. In case of expulsion of a migrant worker or a member of his or her family the costs of expulsion
shall not be borne by him or her. The person concerned may be required to pay his or her own travel
costs.