Questão jurídica principal
Whether the federal criminal appeal was admissible against a cantonal remand order
Decisão extraída
The appeal was not immediately admissible because the challenged order was incidental and caused no irreparable legal harm; neither exception of Art. 93 LTF was shown.
Fundamentação extraída
A remand after annulment of a non-entry decision normally does not create irreparable harm. The appellant failed to show any specific legal prejudice or that an immediate final decision would avoid lengthy and costly evidence proceedings.