Two years have passed since Stuff revealed the men’s allegations of being used as migrants by an employer who subsequently shut down his business.
Before obtaining permanent employment, they obtained migrant exploitation visas, reported their boss, and received food and temporary employment assistance from Stuff readers.
However, due to revisions in visa requirements, the Associate Minister of Immigration’s personal intervention is their last chance to remain in the nation. According to the Green Party, the men’s behaviour gives migrants a negative impression.
Steven Westwood, their advocate, concurs. “This is an opportunity for you to basically dob in wrongdoing, and we’ll look after you and give you the opportunity to find another job,” he explained, referring to the message behind the migrant exploitation protection visa. “These men carried out their assigned tasks. Someone who was doing improperly was dobbed in. After that, they left to find new employment. They have put up a lot of effort. They are prized employees because their employers are willing to pay them well.
They have made efforts to acquire the language. After fulfilling all their obligations, they are left with the suggestion that it might be preferable to simply refrain from engaging in exploitation. Does the minister wish to spread that message?”15 men initially travelled from Uzbekistan to work as gibstoppers for Sherzod “Sean” Nosirov, an Uzbek expat, in Auckland after being enticed by the promise of $28 per hour. They were all from Angren, a small, industrial city in the east of the former Soviet republic with a low economy and an average hourly wage of NZ$1.When they arrived, seven of the men informed Stuff that they had paid about $2,000 for equipment, uniforms, and SiteSafe certificates after being requested to pay a “bond” of almost $17,000 and fees ranging from $4,200 to $5,900 for their work. They then alleged that Nosirov would only pay them on a piece-work basis after he persuaded them to sign agreements reducing their hours from forty to twenty. A payslip for 30 hours of work during that two-week period was presented to Stuff by one of the employees. All of the men were eventually laid off when Nosirov closed the business.Readers donated the men temporary work and food and clothing after Stuff wrote about their predicament.
Three of the seven men eventually returned home, leaving four men: Jumanov and Komilboev stayed in Auckland and found employment with a furniture maker, while Shukurjon Kuchkorov and Nurridin Abdullaev migrated to Gisborne and got construction jobs. Sponsoring the men for long-term visas was the goal of both employers.
In the meantime, INZ sent Nosirov a letter of “employer education,” but did nothing more.
In September 2023, his business, Zero Max Line, entered voluntary liquidation. Nine employees submitted $37,744.29 in compensation claims, but they have not received a response. “There are no funds available for distribution to creditors at this stage of the liquidation,” stated Mohammed Jan, the liquidator.
Because the law requires the liquidator to grant authorisation for such action, the workers were unable to use Employment Relations Authority claims to attempt to recoup their salaries from the company or Nosirov himself. According to Westwood, Jan denied such approval.
Ruhi Surani, Nosirov’s attorney, stated that his client denied any exploitation or violations of employment law and that he was not personally liable for the wage claims. According to Surani, Stuff’s earlier story was “[a] sham.”
Jumanov and Kamilboev made their home in Auckland. Jumanov joined Dilmurodov MMA, a mixed martial arts gym located in Mount Roskill. “He’s the most advanced of our students, so the other students look to him as the bar that they have to reach,” stated Zubair Moolla, his coach. He might even make it to the UFC. He is still inexperienced and has only participated in a few amateur competitions, but he has a lot of potential and a fighting spirit that cannot be taught. Our gym would suffer greatly if he were to depart.
According to Moolla, the gym had offered to sponsor Jumanov for a visa, which would allow him to travel abroad to fight. After seeing Komilboev kicking a ball in a park, a Papatoetoe FC player signed him to play for their senior squad in the Northern Region First Division.
Beale, the head coach of Papatoetoe, offered to hire him as a coach for the team’s young academy and sponsor him for a new visa. “We signed him right away,” Beale stated. He could easily play up a few levels, but he’s not let to hear this. He contributes greatly to the team culture and is an excellent player. He has been excellent for us and has blended right in.
We want him to be much more active, but it is challenging because we are unsure about his future situation. We’ve prepared everything for him, so he may begin tomorrow.
According to Komilboev, all four males desired a long-term stay.
He stated, “We want our future to be here, we want to dedicate everything we have to [living here], because we won’t have the opportunities back in Uzbekistan that we can have here.”
He claimed that not knowing what would happen was “a little bit stressful.”
Westwood claimed that although the men were able to secure long-term employment that earned more than the required wage for work visas, they were unable to meet the necessary language and work experience requirements due to a change in work visa restrictions after arriving in New Zealand.
That is why Abdullaev and Kuchkorov, the two men in Gisborne, were denied new work permits. The two in Auckland, Komilboev and Jumanov, were deterred by this and instead submitted a Section 61 request, which permits INZ to issue work visas directly, to Immigration New Zealand.
They received visiting visas, which ended in February, and were informed that they would be deported in May; however, when Green MP Ricardo Menendez-March took up their cause, the deportation was postponed.
After that, all four wrote to Associate Immigration Minister Chris Penk pleading with him to step in, but they were once more denied.
“It seems so unfair,” Westwood remarked. They were instructed to look for work after receiving their visas. You’re stating that the rules have changed, therefore please go, even though they found jobs.
According to Menendez-March, he had personally submitted a request for Penk to step in.
“What we’ve witnessed with these workers is the government abandoning those who have been exploited and who, as a result of government policies failing them, have no real means of obtaining employment in Aotearoa.”
He claimed that there were no systems in place to help exploited workers find long-term jobs and that this was a “systemic failure” in helping them. “We are assisting innumerable migrants in comparable circumstances,” he stated. “The nation’s reputation as one that does not care for exploited migrant workers is at risk.”
According to Menendez-March, the case gave the government “a chance to send a message” that it would help migrants.
Steve Watson, general manager of compliance and investigations for Immigration NZ, stated that he could verify the four males were in the country illegally.
According to Watson, “credible reports of exploitation against their employer at the time” led to the four being granted MEPVs.
Watson stated that “we remain committed to supporting those affected while upholding the integrity of New Zealand’s immigration system” and that migrant exploitation remained a major problem. Watson stated that while INZ sympathised with the men’s challenging situation, “we can only work within the parameters of the Immigration Act and immigration instructions.”
Penk is therefore their only remaining hope.
Originally, Penk told Stuff that a so-called Designated Decision Maker (a civil servant appointed by the minister to make decisions on intervention requests) had refused the requests and it was not his practice to further evaluate them when there had been “no further written requests”.
Stuff went on to note that Menendez-March had submitted fresh requests in July; Penk has a long-standing practice of personally examining each request made by a sitting Member of Parliament. “I personally consider such requests, and I will review the case to determine whether there are exceptional or changed circumstances that warrant further consideration,” Penk continued, addressing Stuff.
In a letter to Menendez-March, he promised to look over the four cases.
The four men now have some hope because of that: Westwood remarked, “The minister is the only person who can do anything now.”