Question juridique clé
Whether the remand decision was immediately appealable despite being an interim decision
Solution extraite
Yes. The remand imposed binding instructions that would force the administration to issue a decision contrary to federal case law, creating irreparable legal detriment.
Motifs extraits
A materially binding remand can be challenged under Art. 93(1)(a) BGG when the authority would otherwise have to issue an unlawful new decision it could not later contest.