Immigration NZ Action Inadequate in This Migrant Exploitation Case

Immigration New Zealand (INZ) has found itself in a rather embarrassing and, quite frankly, shameful position. Based on immigration news by Stuff, Gurjinder Singh Seemar handed over everything but the kitchen sink to prove his case of migrant exploitation. We're talking interviews, a private investigator's report, witness statements, incriminating messages, audio and video recordings, and an internal spreadsheet showing employees returning their wages. And what did INZ do with this goldmine of evidence? Virtually nothing. They issued a formal warning to Seemar’s boss, Junaid Shaik, and then, incredibly, gave accreditation to a new company linked to Shaik to bring in more migrant workers. You couldn’t make this stuff up.

Seemar’s story is one of dogged persistence. He blew the whistle on his boss for charging him a premium for his job, underpaying him, and making him return part of his wages in cash—a loss of about $70,000. Four interviews with INZ and a dossier of damning evidence later, Shaik got a slap on the wrist. Meanwhile, Seemar had to find cash jobs, driving Ubers under someone else’s name to make ends meet. His colleague Muzammil Ali faced a similar fate, paying $12,000 to Shaik and returning wages in cash.

What’s astounding is the level of documentation provided. There were messages explicitly discussing cash returns, an exchange about payments in India, and audio recordings. Even a former employee explained the money return system, complete with a spreadsheet. A labour investigation firm hired compiled this thorough report and passed it to INZ in August 2021. Yet, INZ dismissed it, claiming the case didn’t meet evidential standards, only to retract that later.

By March 2023, an INZ investigator suggested no further action, criticising the investigation firm’s techniques. In November, INZ issued a formal warning under sections 342 and 351 of the Immigration Act. Tork Engineering, Shaik’s company, was liquidated by IRD in February 2024, yet Shaik seems unscathed, even starting a new accredited company, Safe Scaffolding, to bring in more migrant workers.

Seemar’s frustration is palpable. He provided detailed evidence, even pointing out Deepika Garg’s role in the exploitation. Yet, INZ granted Safe Scaffolding accreditation, overlooking Garg’s involvement and Shaik’s continued influence. INZ’s response was a one-liner: “This investigation is concluded, and Immigration New Zealand won’t be providing further comment or interviews.”

The Migrant Exploitation Relief Foundation (MERF) helped Seemar secure a new visa, and he now has New Zealand residency. But he’s not after money; he wants justice for Shaik’s wrongdoing, something INZ has failed to deliver.

So, why didn’t INZ act on this alleged exploitation? Bureaucratic inefficiency, lack of urgency, or perhaps an unwillingness to delve into the murky waters of migrant exploitation? Whatever the reason, it’s a damning indictment of the system that’s supposed to protect vulnerable workers. The evidence was there, the witnesses were ready, the recordings were damning, yet INZ’s action was woefully inadequate. This isn’t just about Seemar; it’s about the integrity of a system that should act decisively against exploitation but instead seems to turn a blind eye.

And that's the immigration news for Aotearoa today. Follow and subscribe for more immigration content like this. Ka Kite Ano.