A restaurant owner who employed illegal immigrants in the kitchen of his Elgin eaterie has been spared punishment, amid concerns that any blemish on his record could see him deported from the UK.
Mohammed Hossain, 29, pleaded guilty to staffing the Spice Tandoori, on Elgin’s Moss Street, with three men who were working in the country illegally.
After a raid by the Home Office last October, the accused admitted to employing Hoque Miah, Din Islam and Mohammed Chowdhury – all of whom were subject to immigration controls at that time.
However, Hossain, of 20 Pinefield Court in Elgin, said that any form of sentencing could result in him being torn from the family he has settled down with in the town.
The court heard that he has been in a relationship with a local woman for more than two years, and they have a child together.
Hossain is in the UK on a spouse visa, and to remain living and working in the country, he must continually apply for it to be extended.
Sheriff Olga Pasportnikov was told that any punishment meted out by the court “may have a bearing on the extension of that visa”.
The sheriff was swayed by accounts paying testimony to Hossain’s good character, and opted not to convict him on any charges.
She told the accused: “I’m not going to proceed to conviction in this matter and you will be absolutely discharged.”
Hossain, who has no previous convictions, has since left the catering industry and found a new job at a local supermarket.
