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The
owners of a Tooting curry restaurant say they are outraged after
being named and shamed on the Government's UK Border Agency website
this week for allegedly employing illegal workers.
The shame campaign is part of a
Home Office new strategy to stop people smuggling, but Mirch Masala
on Upper Tooting Road insists it is innocent and refuses to pay the
£10,000 fine dealt out after a police raid on March 31.
Manager Hassan Shahzad said: "We
would never employ illegal workers. We have six branches - we could
not afford it. The officers behaved very badly. They were shouting
because they wanted to scare the people. I was scared myself."
Officers claimed they found two
illegal workers but Mr Shahzad said one worker had given him fake
identification and the other was a delivery boy not employed by him.
During the raid, a man in his
30s, who Mr Shahzad said was a worried customer, broke two legs after
officers chased him onto the roof and he fell to the ground.
Mr Shahzad said he is appealing
against the fine and hit out at the Home Office, which he claimed
refused to confirm workers' immigration status because of the Data
Protection Act.
He said: "I tried to call
their helpline to check people's documents, but they just said we
can't tell you. I'm so angry."
The Home Office refused to
comment on the allegations, but said all 58 businesses named on the
website were found guilty and that arrests were based on intelligence.
Mr Shahzad said the reputation of
his business had been tarnished by the fine, imposed on May 16, and
said the raid scared his customers.
An Independent Police Complaints
Commission (IPCC) said this week it was still investigating whether
procedures were properly followed during the raid.
How Does
it Work?
Employers found to be using
illegal migrant workers will be served with a notification of
potential liability (NOPL) by immigration staff carrying out
enforcement and compliance visits. The Illegal Working Civil Penalty
Unit will then consider evidence provided by the visiting officer or
team and decide whether to issue the employer with a notification of
liability (NOL) and a civil penalty of up to £10,000 for each
illegal worker.
If they issue a notice of
liability and impose a civil penalty against an employer found to be
using illegal migrant workers, the employer must, within 28 days:
* pay the civil penalty in full; or
* submit a request to the Illegal
Working Appeals and Finance Section to pay the civil penalty in a
series of monthly instalments; or
* submit an objection against the
service of the civil penalty to the UK Border Agency; or
* lodge an appeal against the
service of the civil penalty to the County Court (England, Wales and
Northern Ireland) or the Sheriff's Court (Scotland).
The restaurants quoyed on the
Border Agency website for May 2008 include :
Grapes Tandoori, Hayes
£10,000 (2 cases) : Mirch Masala, Wandsworth £10,000 (2
cases) : Mumtaz Mahul, Cranbrook £5,000 (1 case) : Taj of Kent,
Tonbridge £10,000 (2 cases): Raj Pavilion, Tunbridge Wells
£5000 (1 case) : Sitara, Sarkhill £10,000 (2 cases) :
Dhanny's Curry House Bradford £5,000 (1 case) : Red Fort,
Keswick £10,000 (2 case) : Scotland none : Wales none : Golden
Bowl, East Looe £5,000 (1 case) : Dynasty Penzance £10,000
(2 cases) : Royal Garden Plymouth £10,000 (2 cases) : Spice Club
Torquay £5,000 (1 case)
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