This young entrepreneur was nearly deported from Thunder Bay, Ont. Now, permanent residency is within reach

After nearly being deported around Christmastime, a well-known volunteer and entrepreneur in Thunder Bay, Ont., is breathing a sigh of relief.

Abu Hena Mostofa Kamal, 24, has received approval in principle for his permanent residency application.

In 2018, he came to Thunder Bay from Bangladesh to study at Lakehead University. But after facing financial difficulties when the COVID-19 pandemic hit, he was unable to afford his tuition and complete his education before his study permit expired.

Earlier this year, immigration and refugee lawyer Jennifer Dagsvik successfully argued a stay of removal motion for Kamal, who would have had to leave Canada for overstaying his study permit.

A few days ago, Kamal went to Dagsvik's office to complete some paperwork. Both were both surprised to see an email from the processing officer that said "approved."

"I'm feeling like a free person," Kamal told CBC News on Friday. "I'll be able to do things I always wanted to do because there will be more resource[s], potential and opportunity I will enjoy as a permanent resident, which I probably wouldn't without permanent residence … and the mental stability of not being in limbo."

Kamal isn't across the finish line yet, and Dagsvik said he has a few more things to complete before his application is fully approved in the coming months, but being "approved" signals better things to come.

"Being in limbo is a really terrible thing — not knowing where you would end up tomorrow, not knowing where your next meal is coming from, not knowing what's going to happen to you, not knowing you can make your own decision, not knowing that you have rights," Kamal said. 

"I'm just 24, so I don't know where life leads to, but it will be quite an adventure."

'This will always be my home'

When Kamal needed help, the community rallied around him.

An online petition garnered nearly 3,000 signatures. His picture was on signs at a demonstration outside then Public Safety Minister Marco Mendicino's office in December to call for a stop to Kamal's deportation, and mark the one-year anniversary of when Prime Minister Justin Trudeau promised to launch a regularization program for migrants.

"I'm really blessed to have all the wonderful friends, wonderful people of Thunder Bay coming together in support of me staying in Thunder Bay and having my back in those difficult times," Kamal said. "I would never be able to make it without their support."

Dagsvik also used the community's efforts in her argument against Kamal's removal order.

"It's really amazing to see the community come together," she said.

Kamal said he's grateful for Dagsvik, Migrant Workers Alliance for Change, Urban Abbey in Thunder Bay and everyone who championed him.

"If I [did not] go through that, I wouldn't know how much people love me, how much they really care about me, how much they value me," he said of nearly being deported.

"I just want to thank everyone for all the support, love. This is my home and this will always be my home."

Challenges remain for temp workers, residents

Before Kamal officially achieves permanent residency, he must complete medical examinations and background checks. They should be completed in the next few months.

"From here on in, the process tends to go pretty smoothly," Dagsvik told CBC News on Friday.

Dagsvik is director of the Newcomer Legal Clinic run at the Bora Laskin Faculty of Law. She's been working on Kamal's file since May 2022. Many of her students have also been involved in the process, which, while complicated, has been educational, she said.

"There's lots of stress involved in an immigration application and so to see somebody come through that with the good result at the end, it's wonderful — [but] we still think about was it necessary for him to go through all that stress? Could the process have been better? And we're just happy that we were there to be able to support him."

While Dagsvik said the backlogs in Canada's immigration system seem to be improving, it's still a difficult system to navigate due to bureaucracy and complex administrative processes — especially for those going through the temporary worker stream.

"Our clinic was funded by the Law Foundation of Ontario in part because of the increasing needs of temporary foreign workers in our region, but temporary workers, generally speaking … [are]  lacking straightforward pathways to becoming permanent residents and to maintaining their status," Dagsvik said. 

A lot of temporary workers are in Canada for years, and moving them through the system remains a big policy challenge in Canada. In the meantime, more support is needed for temporary residents as well as the people and agencies that work with and employ them, she said. 

"It's actually really neat to work with all the different organizations in the community, as we're all sort of learning together how best to help temporary foreign workers." 

Cooking up success

Kamal hasn't been sitting idly while waiting for his application. On Friday, he'll reopen his restaurant, The Outsiders.

Originally with partners Souvik Mukherjee and Mohammad Faisal, the trio first operated the business as a ghost kitchen, serving late-night takeout meals out of Apple Chipotle's when it was closed. When Kamal faced deportation, The Outsiders had to shut down.

But as of Aug. 4, they'll have a permanent kitchen set up at The Social that'll be open from noon until 10 p.m. and serve regional-style bar food like burgers and midnight munchies.

"Owning a business, I get to contribute more to the community. I guess that's the most satisfying part of owning a business — veing there for charity, being there for families … adding a new thing in Thunder Bay's culinary scene."