What is the test for determining whether a skilled worker has a valid application to work in Canada?

The respondents submit that the law is already established in regard to this issue. In Hou v. MCI, 2005 FC 1586, 144 A.C.W.S. (3d) 329, Justice O’Keefe held at paragraph 24: The applicant submitted that the officer erred by failing to exercise the jurisdiction of her office by not obtaining the concurrence of a second officer. Subsection 76(3) of the Regulations provides that an officer may substitute for the criteria set out in paragraph 76(1)(a) "the officer's evaluation of the likelihood of the ability of the skilled worker to become economically established in Canada if the number of points awarded is not a sufficient indicator of whether the skilled worker may become economically established in Canada." It is only when the officer selects this alternative that the concurrence of a second officer is required by subsection 76(4) of the Regulations. In the present case, the officer specifically stated, "I am of the opinion that the point total is a sufficient indicator of your ability to become economically established in Canada." The officer made no error in this respect.