Immigration Law: If a foreign national employs workers illegally in Germany, this can result in the expulsion of the foreign national.

Background of the Case

The plaintiff, a Kosovar national born in 1968, held a Swedish residence permit valid until March 12, 2017. He registered in Germany on May 13, 2015. On October 13, 2015, he was found at a construction site during an inspection under the Black Labour Control Act. The plaintiff stated that he had been in Germany since April 12, 2015, working both as an employee and as a self-employed person without the necessary work permit.

Violation of Residence Law and Illegal Employment

The authorities found that the plaintiff, under his Swedish residence permit, was only allowed to stay in Germany for 90 days within 180 days without engaging in employment. This stay period had expired on July 12, 2015. The plaintiff violated immigration regulations by staying longer and working without permission. Due to these violations of immigration and social laws, the Koblenz Main Customs Office issued several penalty notices against him.

Decision of the Authority and Appeal

On October 19, 2015, the authority ordered the expulsion of the plaintiff from Germany, imposed a three-year re-entry ban, and issued an order to leave the country with a threat of deportation. The plaintiff filed an appeal, arguing that he had registered his activities and was unaware of violating any laws. However, the appeal was largely rejected on the grounds that Germany’s interest in expulsion outweighed the plaintiff’s personal interests.

Legal Assessment by the Administrative Court

The Administrative Court of Koblenz ruled that the plaintiff’s expulsion was lawful. According to § 53(1) of the Residence Act, a foreign national may be expelled if their stay poses a threat to public security and order. In this case, the court found that the plaintiff, through repeated violations of immigration and social laws, posed a threat to these legal protections. The court emphasized that the plaintiff’s unauthorized employment without the necessary residence permit constituted a serious violation.

Balancing of Interests

In balancing the interests, the court found that the public interest in the plaintiff’s expulsion outweighed his personal interests. The plaintiff did not present any particularly compelling personal reasons for remaining in Germany nor any factors that would make the expulsion disproportionate. His family ties were limited to an adult son with whom he had no close relationship, and economic reasons for his stay could not outweigh the state’s interest in his expulsion.

Court Judgment

The court concluded that both the expulsion and the associated three-year re-entry ban were lawful. The plaintiff had repeatedly and not insignificantly violated legal provisions, which justified a significant interest in expulsion. The imposed re-entry ban was also deemed appropriate, as no reasons for its illegality were presented.