Friday, September 10, 2010

In the case of Debnath v MCI 2010 FC 904. The Applicant a doctor had sufficient points but the officer used substituted evaluation to reject the application because the applicant had no clear concrete plans to show how he would be able to get licensed as a doctor in Canada. The Court upheld the decision noting:

16 In that regard, the Visa Officer's decision to perform a substituted evaluation was reasonable. The Applicant's points were on the cusp of acceptability and the Applicant's plans to become economically established were "cloudy" at best.

17 The Visa Officer's ultimate decision to deny the visa was likewise reasonable. The Applicant had failed to establish on an objective basis how he would upgrade and qualify as a doctor in Canada; his only evidence on this point was an indication that such an upgrade of the qualification was possible, and his own subjective evaluation that he was likely to succeed. In essence, this case turned on the sufficiency of the evidence, and the Applicant failed to put forward sufficient evidence to convince the Visa Officer that he was likely to become economically established.

2010 FC 904
Key Issues: 
Skilled worker substituted evaluation