Misconstruction of visa grant criteria prescribed by the Migration Act or Regulations constitutes jurisdictional error not protected by the privative clause in s 474, because satisfaction of those criteria is a condition precedent to a valid decision under s 65(1). A Tribunal that applies a narrower departmental policy instead of the statutory criterion fails to address the question the Act requires it to address. The criterion of 'direct and continuous involvement in the management of business' in cl 845.216 does not require demonstration of decision-making authority, responsibility for employees, or responsibility for expenditure — there is a variety of ways involvement may be maintained.
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