As mentioned by a StarMember BC2013 in another post regarding MI3 applicants would be rejected on grounds of JD mismatch or not:
"For MI3 applicants, According to the new/modified OP06b MI2/3 applicants whose file had been forwarded to the processing VO had received a final MI eligibility determination. Hence the processing VO will go with this decision, unless it is obviously wrong. The OP refers to Bulletin 338, which I was not able to find.Since "fairness" is specifically mentioned, even if the VO has concernes about JD, they will at least have to give an opportunity to provide additional data / documents.
"Since the CIO makes a final MI eligibility determination, a visa officer
may only refuse an eligible NOC code application on minimal requirements if procedural
fairness is followed." (OP06b, page 24)
For MI-1 applicants it might be a different story, because here the processing VO will check the MI eligibility according to OP06a."
"For MI3 applicants, According to the new/modified OP06b MI2/3 applicants whose file had been forwarded to the processing VO had received a final MI eligibility determination. Hence the processing VO will go with this decision, unless it is obviously wrong. The OP refers to Bulletin 338, which I was not able to find.Since "fairness" is specifically mentioned, even if the VO has concernes about JD, they will at least have to give an opportunity to provide additional data / documents.
"Since the CIO makes a final MI eligibility determination, a visa officer
may only refuse an eligible NOC code application on minimal requirements if procedural
fairness is followed." (OP06b, page 24)
For MI-1 applicants it might be a different story, because here the processing VO will check the MI eligibility according to OP06a."