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