The Commonwealth Ombudsman has found the Department of Home Affairs unlawfully cancelled a man’s visa through an automated process, in a case that has raised broader questions about the use of technology in government decision-making.
The report, What if the Computer is Wrong?, details the experience of “Mr D,” a foreign national living in Australia with his wife and children, whose Bridging Visa A was cancelled automatically in 2023 after a tribunal decision was incorrectly recorded in departmental systems. The cancellation left Mr D without the right to work, forcing his family into financial hardship for more than two months.
According to the Ombudsman, the decision was “unlawful and unreasonable,” the result of a system that applied migration regulations without appropriate checks. The case only came to light after Mr D repeatedly challenged the department, which initially dismissed his complaints and refused to reinstate his visa.
Wider implications for automated systems
While the case centred on one family, Ombudsman Iain Anderson said the lessons were far broader for the Australian Public Service.
“Agencies need to be willing to consider that an automated output could be wrong, and to be prepared to check that output if there is a serious question about it,” he said.
The Ombudsman recommended Home Affairs apologise to Mr D, advise him on his right to claim compensation under the Compensation for Detriment caused by Defective Administration (CDDA) scheme, and review both its recording of tribunal decisions and its safeguards around automation.
The department has agreed to all six recommendations, including issuing a formal apology and reviewing why it took more than two months to correct its own error.
A Canberra Times report
As reported earlier today by Brittney Levinson of The Canberra Times, the case highlights the risks of over-reliance on automation in migration decision-making. The newspaper noted that Mr D was twice told his fresh visa applications were invalid, despite clear evidence to the contrary, and that his work suspension and loss of income were a direct consequence of the error.
Advocates warn that with Home Affairs increasingly using automated tools to process high volumes of applications, errors like this could have far-reaching consequences for individuals and families.
Accountability called for
The Ombudsman stressed that agencies have a duty not only to fix mistakes but also to proactively alert affected people to remedies such as compensation schemes — something that did not happen in this case. “Explicitly drawing the CDDA Scheme to the attention of the individual affected would be a demonstration of accountability by the agency,” the report states.
For the international education sector, the findings are another reminder of the stakes for students and their families, especially considering the new visa fee.
Following today’s Canberra Times story, The Koala has received several enquiries regarding the DHA’s use of technology in the student visa program and has compiled a series of questions that have been sent to DHA. It will report back when it receives a response.
