Date: 20000713
Docket: IMM-6238-99
BETWEEN:
GE ZHANG
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
ROULEAU, J.
[1] This application came before me at Vancouver on July, 12, 2000. Miss Zhang was seeking to have set aside the decision of a visa officer in Hong Kong who had refused her application.
[2] I allowed the relief sought from the bench and undertook to provide brief reasons.
[3] The applicant has received 63 out of the 65 required units for her intended occupation of Horticulturalist. She has been allowed 6 points for her proficiency in the English language, 13 points for her education and 4 points for personal suitability.
[4] Three issues were raised by counsel for the applicant. He questioned the result achieved in the English test where she was classified as "well". He questioned the points achieved for education and questioned the reasoning applied to her personal suitability result.
[5] A very brief review of the evidence indicated that the officer found two mistakes out of nine questions put to the applicant after having been confronted with a text which she was permitted to analyse for ten minutes. It is obvious from reading the answers, the applicant made no mistakes in the answers given and should not have been assessed any mistakes.
[6] She then wrote a paragraph or text in response to the following question: "Describe a childhood memory". As I read her narrative I was satisfied that few present day Canadian high school students could have been as proficient.
[7] An analysis of her education and courses of study satisfy me that the visa officer applied the wrong criteria to evaluate this applicant and failed to recognize her academic achievement and under valued her scholarship degrees.
[8] I need not comment further, but I must say that even the "personal suitability" evaluation would not meet the fairness standard. I am satisfied that the visa officer exercised her discretion contrary to the principles of natural justice and it could not be said that she assessed the applicant in good faith.
[9] The visa officer"s decision is hereby set aside and this matter should be returned for re-evaluation by another officer.
(Sgd.) "P. Rouleau"
Judge
July 13, 2000
Vancouver, British Columbia
FEDERAL COURT OF CANADA
IMMIGRATION DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| DOCKET: IMM-6238-99 |
| STYLE OF CAUSE: Ge Zhang v. MCI |
| PLACE OF HEARING: Vancouver, British Columbia |
| DATE OF HEARING: July 12, 2000 |
| REASONS FOR ORDER OF Rouleau, J. |
| DATED: July 13, 2000 |
APPEARANCES:
| Mr. Rudolf Kischer For the Applicant |
| Ms. Rama Sood For the Respondent |
SOLICITORS OF RECORD:
Mr. Rudolf J. Kischer
Barrister and Solicitor
| Vancouver, BC For the Applicant |
Morris Rosenberg
Deputy Attorney
| General of Canada For the Respondent |