2) Employer must pay costs for deportation

According to the case law of the Administrative Court of Koblenz (judgment of 27 February 2024, 1 K 859/23.KO, available here), employers are also obligated to pay the costs of deporting a third-country national who was working for the employer without a work permit.

The Case:

The employer operates a construction business and had employed an Albanian national, although he did not have a work or residence permit. The Albanian was found in March 2023 during a customs inspection at one of the employer’s construction sites in the Bad Kreuznach district. He was subsequently arrested to secure his deportation until he was deported to Albania on April 18, 2023. Deportation costs of €5,849.01 were incurred. The district of Bad Kreuznach demanded reimbursement of these costs from the company as the employer by means of a notice. The employer did not agree with this and filed an unsuccessful appeal.

The Decision:

The administrative court dismissed the complaint. According to the Koblenz judges, the employer was liable for the costs of the deportation on the basis of the provisions of the Residence Act because the Albanian was not permitted to pursue gainful employment. The employer must also pay the costs of the detention pending deportation, as the ordered preventive detention was lawful. This was not altered by the fact that the Albanian had to be hospitalized after the expiry of the deadline for departure; he had not informed the responsible positions about this.

The Reasoning:

Such an obligation to bear costs is regulated by Section 66 (4) sentence 1 no. 1 Residence Act (AufenthG). It states:

The following shall be liable for the costs of deportation or removal
any employer who employed the foreigner as an employee who was not permitted to pursue gainful employment under the provisions of this Act;