(109) We count "positive" or "negative" decisions from the perspective of the applicant, even if (as in the case of judicial review) the decision is one of remittal
and reconsideration of the claim rather than an ultimate positive determination of refugee status.
remedy." (98) On remittal
, the First Department squarely focused on the double jeopardy question and concluded that there was no constitutional, statutory, or collateral estoppel bar to Suarez's retrial for intentional manslaughter.
They recognise that it was apparently by reference to Dr Blackman's retirement that the Board thought it right on the 2002 appeal to remit the matter to the High Court to decide on the next step but their Lordships see no inconsistency between that order and the decision then taken by [the High Court] on the remittal
to order the new magistrate to commit."
In certain instances, the Canons recognize that disclosure of any basis for disqualification, other than personal bias or prejudice concerning a party, will permit a remittal
The panel also noted that the remittal
of disqualification procedure of Canon 3F is "apparently available to this inquiring judge."
The decision was on remittal
to HREOC following Mansfield J's decision in A School v Human Rights and Equal Opportunity Commission [No 2] (1998) 55 ALD 93.
"Of course, the waiver should be made on the record and as a precaution, the judge may wish to have the parties and counsel submit the remittal
of disqualification in writing," the committee said.