请教蛛蛛，这段什么意思，多谢楼主。
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…
Then the officer will…
the applicant did meet the pass
mark (i.e., negative substituted
evaluation)
• 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.
the applicant did not meet the
pass mark (i.e., positive
substituted evaluation)
• obtain written concurrence from a designated officer.
Substituted evaluation is not to be confused with humanitarian and compassionate
authority, which enables the Minister or his/her delegates to override inadmissibility and grant
admission to Canada in a range of situations involving sufficiently compelling circumstances.
Pursuant to R76(3), substituted evaluation (see Section 11.3) cannot be used to override a refusal
due to insufficient funds.
Substituted evaluation cannot be used to overcome a failure to meet the definition of a skilled
worker as outlined in R75. R75(3) clearly states that a failure to meet the requirements of a skilled
worker as outlined in R75(2) will result in an application being refused.
Federal Court case law indicates that if an applicant or their representative requests orally or in
writing that the officer consider exercising these powers in the applicant’s favour, officers must
examine the circumstances. There is no requirement that an interview be conducted in all cases
when the applicant did not make a compelling case for substituted evaluation. If officers do not
consider substituted evaluation appropriate in the circumstances, they should indicate this in file
notes and in the refusal letter. Officers do not need the concurrence of the designated officer to
deny requests for the use of positive substituted evaluation.
Though i do not make my final decision whether to immigrate or not, I am willing to join this HOME...
非常有用,多谢!!
