architect_100 said:
dear Architect_100,
I would advise your friend to improve his IELTS score. Case officers has right to reject applicants though he/she meets pass mark(67)
This Scenario has been explained in OP6 (page:46)
13.3. Substituted evaluation
R76(3) makes possible substituted evaluation by an officer.
This authority may be used if an officer believes the point total is not a sufficient indicator of whether or not the applicant may become economically established in Canada.
Substituted evaluation is to be considered on a case-by-case basis. The scope of what an officer might consider as relevant cannot be limited by a prescribed list of factors to be used in support of exercising substituted evaluation. There are any number and combination of considerations that
an officer might cite as being pertinent to assessing, as per the wording of R76(3): “. . . the likelihood of the ability of the skilled worker to become economically established in Canada. . . .”
Frequency of use will vary from visa office to visa office, as some will find in their caseloads more situations of disconnect between the point total and establishment prospects than will others. The fact that the applicant “almost attained” a pass mark is not, in itself, grounds to recommend the
use of substituted evaluation. Rather, the officer needs to identify and document the facts demonstrating that the points awarded are not a sufficient indicator of the applicant's ability to become economically established in Canada.
For legal clarity, officers should employ the terms used in legislation, such as “substituted evaluation” or “ability to become economically established.”
If an officer decides to use
substituted evaluation when ...
A)the applicant did meet the pass
mark (i.e., negative substituted
evaluation)
Then the officer will ...
• communicate their concerns to the applicant and provide
sufficient opportunity to the applicant to respond to these
concerns, through correspondence or an interview;
• obtain written concurrence from a designated officer.
B)the applicant did not meet the pass
mark (i.e., positive substituted
evaluation)
Then the officer will ...
• obtain written concurrence from a designated officer......................
Regards,
Dr.Hasib