Questão jurídica principal
Whether the Federal Court could hear the appeal against the remand judgment.
Decisão extraída
The appeal was admissible because the remand order could force the department to issue a decision it considered unlawful and thus cause irreparable harm.
Fundamentação extraída
A remand decision may be challenged under Art. 93(1)(a) BGG where the lower authority cannot later seek review of the compelled decision.