Date: 19990330
Docket: IMM-3036-98
BETWEEN:
YONG MING ZHANG,
Applicant,
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION,
Respondent.
REASONS FOR ORDER AND ORDER
CAMPBELL J.
[1] Having regard to Chapter 0P 5 of the Immigration Operations Manual: "Processing Independent Immigrants: Paragraph 4.1.1 Education: Assessment: subparagraph (a)" [see Applicant's Record, p. 43], I find that the visa officer applied the wrong standard in deciding whether the applicant's Bachelor of Economics degree meets the employment requirements of the NOC for 4163.0: "Marketing Researcher/Marketing Consultant".
[2] Accordingly, the visa officer's decision is set aside, and the matter is referred back to another visa officer for redetermination on the direction that the standard in Chapter OP 5 mentioned above be applied.
[3] Costs in the sum of $1200.00 are awarded to the applicant, payable forthwith.
"Douglas Campbell"
Judge
Winnipeg, Manitoba
March 30, 1999
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: IMM-3036-98
STYLE OF CAUSE: Yong Ming Zhang v. The Minister of Citizenship and Immigration
PLACE OF HEARING: Winnipeg, Manitoba
DATE OF HEARING: March 30, 1999
REASONS FOR ORDER
OF THE COURT: The Honourable Mr. Justice Campbell
DATED: March 30, 1999
APPEARANCES
Mira J. Thow
Zaifman Associates
Winnipeg, Manitoba for the Applicant
Cynthia C. Myslicki for the Respondent
Department of Justice
Winnipeg, Manitoba
SOLICITORS OF RECORD
Zaifman Associates
Winnipeg, Manitoba
for the Applicant
Morris Rosenberg
Deputy Attorney General of Canada for the Respondent