Last Updated on January 22, 2019
2010 FC 225
February 26, 2010
Principle Established: Substituted Evaluation refusals need not be detailed
The applicant’s PR application under Federal Skill Worker was refused because he only scored 60 points and could not reach the 67 points pass mark. He also applied for a substituted evaluation under 76 (3) of IRPR, but his application was denied.
The issue was whether the Immigration Officer erred in failing to provide reasons for substituted evaluation denial.
According to the Court it is enough for the Immigration Officer to say that he is not satisfied that substituted evaluation is necessary since the points already awarded are an accurate reflection of the applicant’s ability to settle in Canada. The Officer is not required to explain further.
The application for judicial review was dismissed.