7.2.3 Criteria applied when exercising discretion

When deciding whether or not to remit a case, the boards consider a number of other factors, such as the need for procedural economy (see chapter V.A.7.3. below), whether new facts and evidence have been submitted (see chapter V.A.7.5. below), whether the first-instance proceedings were vitiated by a substantial procedural violation (see chapter V.A.7.7. below), the parties' requests, the need to avoid economic uncertainty, the parties' interest in examination at two instances, the right to a fair hearing and whether or not there has been comprehensive assessment of the case during the proceedings at first instance (see chapter V.A.7.4. below).

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