This means that a "positive" case was often merely a remittal
for redetermination of the claim rather than an actual grant of asylum.
Appropriately, therefore, appellate courts have generally taken into consideration arguments that changed circumstances after parental rights have been terminated require a remittal
to the Family Court for a new hearing on the best interests of the child.
It appears that any power of remittal
must have a statutory basis.
As far as the judge's continued membership in the real estate partnership that owns the building rented by the judge's former law firm, the judge may continue to receive periodic distributions of the income from the partnership, but should disclose the relationship and, upon motion, be recused from any cases involving the firm due to the ongoing landlord/tenant relationship, unless a proper remittal
of disqualification has been executed.
(91) Thus, on remittal
, the First Department held that double jeopardy implications did not preclude a trial for intentional manslaughter, although the analysis was complicated by the fact that intentional manslaughter is a lesser included offense of intentional murder, of which defendant was acquitted.
When enlarged provisions for the remittal
of matters by the High Court were introduced into the Judiciary Act, (36) the power to remit pending matters to a court of a state or territory or the Federal Court was extended to all matters referred to in s 38 (a)-(d) of the Act, but not to the matters referred to in s 38(e), that is, the Constitution s 75(v) matters.
The High Court joined that application with the remittal
. After hearings in December 2002, March 2003 and April 2003, the High Court dismissed the constitutional application on July 9, 2003.