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Date: 19990527


Docket: IMM-4231-98

BETWEEN:

     NOMAN SHAH

     Applicant

AND:

     THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

     REASONS FOR ORDER

ROULEAU, J.

[1]      This is an application for judicial review of a decision of visa officer Ms. Umit Ozguc (the "Visa Officer"), dated 9 July 1998, whereby the Applicant"s application for permanent residence as an independent immigrant, by virtue of his training and experience as a Dental Hygienist, was denied.

[2]      The Applicant is a citizen of Pakistan. He submitted his application on 26 April 1997 and was interviewed by the Visa Officer on 18 June 1998. He was assessed as both a Dental Hygienist and a Dental Assistant, under the CCDO.

[3]      Pursuant to s. 2.03 of the Regulations, applications received before 1 May 1997 and still pending on that date are to be assessed under the CCDO and, if unsuccessful, shall also be assessed under the NOC. The Applicant was unsuccessful under the CCDO but was not assessed under the NOC.

[4]      Therefore, the application for judicial review is granted and the matter sent back to be reassessed under the NOC.

                                     JUDGE

OTTAWA, Ontario

May 27, 1999

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