A former restaurant boss has admitted a charge under the Immigration Act after being caught illegally employing his friend at his popular north-east business.
Iqbal Choudhury decided to help out the man, who was “down on his luck”, by offering him accommodation above India on the Green in Ballater and also giving him work in the restaurant.
The 48-year-old gave the man, who was not an EU citizen and was not allowed to work in the UK, petty cash, food and accommodation in exchange for helping out in the kitchen when the popular restaurant was busy.
However, the offence came to light as part of a larger Home Office operation, and when officials raided the restaurant, which is now closed, the man admitted he had been working there illegally for two years.
Fiscal depute Alan Townsend told Aberdeen Sheriff Court: “Intelligence was received by the Home Office relating to a suspected immigration offender working at that location.
“There was a larger operation but with regard to India on the Green – that’s a premises where Mr Choudhury was commenced as a director on April 17 2019 according to the inquiries made by the prosecuting authority.
“He was also the licence holder and designated premises manager and the food-based operator for that premises.”
Warrants were executed at the restaurant on November 30 2019 and Choudhury, who was present at the time, identified himself as the owner and manager.
Mr Townsend said: “One illegal worker was found to be working in the kitchen area.
“He was deemed to a non-EU national who had no permission to work in the UK.”
The man was spoken to and said he had been working at the restaurant for around two years and that Choudhury “was aware he had no permission to work in the UK”.
He also said he was given food and accommodation for the work.
Another employee said that the illegal worker was “sent to work in the kitchen when it was busy” and was there regularly but was not a permanent member of staff.
Choudhury, whose address was given as Guild Street, Aberdeen, pled guilty to a charge under the Immigration Act 1971.
He admitted facilitating a breach of immigration law by a non-EU citizen by employing and providing accommodation to the man.
Worker was not being ‘exploited’
Defence agent Gregor Kelly said his client explained that the restaurant had been fully staffed but that the man, who was known to him, had been “down on his luck”.
He said: “He knew he wasn’t legally allowed to work.
“He offered him some accommodation above the restaurant and, over time, he was called upon when the restaurant was busy on the odd occasion.
“This wasn’t a situation where he was working regularly or was being exploited.
“He did receive some petty cash and he was processing an application to stay and work.”
Mr Kelly added the restaurant closed in 2020 and Choudhury now works as a waiter and delivery driver for Uber.
Sheriff Craig Findlater ordered Choudhury to complete 70 hours of unpaid work.
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