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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

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