The systemic abuse of the immigration process is a multi-layered issue, Masud Alam argues. Photo / Jason Oxenham
The systemic abuse of the immigration process is a multi-layered issue, Masud Alam argues. Photo / Jason Oxenham
OPINION
New Zealand, with its stunning landscapes and thriving economy, has become an attractive global destination, drawing the attention of millions seeking a fresh start. While this demand is flattering, a darker shadow has been cast over this idyllic nation. The recent incidents of unprecedented levels of migrant exploitation havetarnished its reputation. Due to these incidents, the integrity of the immigration system is now in serious question like never before. The confidence of New Zealanders in the system has been broken, and the trust of the people has been lost.
The system had functioned well before Covid-19. However, after the pandemic hit, the compassion employed by Immigration, triggered due to Covid-19, has disrupted the delicate balance between quality and compassion. This disruption has inadvertently led to an unprecedented wave of migrant exploitation, raising a critical question: Should blame be placed on the immigration system or the fraudulent scam companies?
Understanding the mechanism behind the exploitation
The systemic abuse of the immigration process is a multi-layered issue. The Immigration website outlines a three-step process for hiring migrants. Employers must acquire accreditation (licence to bring migrant workers), secure job check approval, and enable employees to apply for work visas. Yet, scam companies have deftly subverted these stages, leveraging loopholes to perpetrate their exploitation.
Karen Gibney, president Latin American Community Tauranga and spokeswoman for the exploited migrant workers group. Photo / Alex Burton
The modus operandi of these scam companies is distressingly simple. Instead of genuine job offers, they concoct false employment agreements to secure legitimate visas. A key accomplice in this scheme is the network of brokers. These intermediaries, often speaking the victims’ native languages, facilitate transactions, ensuring that large sums - usually between $20,000 to $25,000 - are exchanged. The transactions not only enable the scam but also raise concerns about potential money laundering activities. Local brokers emerge as the sole points of contact, further obscuring the nefarious nature of the enterprise.
Inadequacies in the immigration system
The first question that must be posed is: Who granted accreditation (licence to bring migrant workers) to these fraudulent companies? How did these scammers manage to secure genuine visas using fraudulent employment for over a hundred victims? Therefore, the immigration system’s role in this crisis cannot be dismissed.
Two glaring issues point to systemic failures. First, the scale of abuses by the scammers indicates that automation was heavily employed by Immigration to assess the application, diminishing the effectiveness of manual checks.
Second, in granting accreditation or job check approval, the immigration system lacked a comprehensive review process for high-volume applications. A more diligent approach would have curbed the exploitation. The authority should have asked the company for evidence about ongoing projects or capital, who all of a sudden started hiring a large number of the migrants whereas they barely had any employees from NZ.
Masud Alam is a legal executive at Amerinz Legal in Auckland. Photo / Supplied
Furthermore, the negligence towards accrediting labour hire agencies stands out as a leading cause of this crisis. These agencies, while purportedly filling employment gaps, often lack the capacity to provide consistent work. A more prudent review would have identified this discrepancy, preventing a significant portion of the exploitation. The authority should have asked them what is the backup plan if they can’t provide the migrant workers consistent work, do they have enough capital to pay them?
The Government’s share of responsibility to resolve the crisis
While the weaknesses in the immigration system are evident, the Government also bears a share of responsibility in addressing the migrant exploitation crisis. Rectifying the situation demands a multi-pronged approach that addresses the immediate needs of victims and seeks to prevent future instances of exploitation.
To alleviate the plight of exploited migrants, the Government should firstly arrange the humanitarian needs of these unfortunate victims. They should provide food and accommodation for the time being as most of the victims are unable to buy their next meals and pay for rent as they came here with a confirmed job offer that will pay them $30 per hour.
Secondly, the Government should consider extending the duration of the exploited migrant work visa from the current 6 months to a minimum 1 year. This would provide victims with a more realistic timeframe to recover from the emotional and financial toll they’ve endured.
Thirdly, justice for victims necessitates holding scam companies accountable for their actions. Freezing the assets of these entities and ensuring compensation for the victims would serve as a deterrent against future exploitation.
Finally, preventing a recurrence of this crisis requires revisiting the policy around high-volume accreditation and accreditation for labour hiring companies. A more stringent policy would demand that employers demonstrate the authenticity of their projects and their ability to provide consistent work or wages.
The migrant exploitation crisis in New Zealand reflects the collective failure of the Government and the immigration system, alongside the manipulative actions of scam companies. By acknowledging these failures and implementing comprehensive solutions, New Zealand can reaffirm its commitment to providing a safe and welcoming haven for migrants, free from the clutches of exploitation.
- Masud Alam (LLB Hons) is a legal executive at Amerinz Legal in Auckland.
