Andrew came to Hong Kong from Ethiopia joining his cousin, Ken who had migrated to Hong Kong since 2010. Andrew spoke very poor Cantonese, Putonghua and English. Ken helped him make an application for asylum, on the basis of persecution that he claimed to have suffered in Ethiopia. Andrew was sent a letter in January 2019 stating that he could remain in Hong Kong while his application was considered and that he could not work in the meantime without permission from the Immigration Department (according to the Immigration Ordinance Cap. 115 Section 38AA (1) (a) and (b), asylum seekers are not granted the right to work in Hong Kong, including paid and unpaid jobs). In early March, 2019, Andrew secretly obtained a job in a garage in Yuen Long. The garage is operated by Jimmy. He knew that Andrew was not permitted to work in Hong Kong but he still employed him with a monthly wage much lower than the market rate. Jimmy treated Andrew badly. He was required to work 15 hours a day and Jimmy had not paid any wages to Andrew since May 2019.

Andrew wants to claim from Jimmy the unpaid wages from May to August, 2019. He consulted a lawyer who advised him that his employment contract with Jimmy is void and it is unlikely that his claim will be successful. Explain to Andrew the possible legal reasoning that supports the advice of his lawyer.