# HD-INC-201: Home Affairs' System Ended a Bridging Visa Unlawfully, the Commonwealth Ombudsman Found > The Commonwealth Ombudsman reported in September 2025 that the Department of Home Affairs recorded a tribunal outcome without its reason, and that entering it caused the automatic cancellation of a man's bridging visa in October 2023. He was suspended from work and his family lost its income for over two months while the department refused two further applications. The Ombudsman found the department acted unlawfully and unreasonably. The department first disputed that finding, then accepted it and agreed to all six recommendations. - Source: https://useheadlights.com/library/HD-INC-201/ - Publisher: Headlights (useheadlights.com), author Ellie Harris - Published: 2026-09-21 - Company: Department of Home Affairs - Sector: Immigration - Country: Australia - Year: 2023 - Behaviour in the record (Headlights reading): Judgement surrendered; also Rules-behaviour gap, Defensive denial - Governance domains: Administrative law, Human oversight - Licence: CC BY-NC 4.0. Cite as: Harris, E. (2026). Home Affairs' System Ended a Bridging Visa Unlawfully, the Commonwealth Ombudsman Found. Headlights AI Incident Library, HD-INC-201. https://useheadlights.com/library/HD-INC-201/ ## What happened The Commonwealth Ombudsman reported in September 2025 on a complaint from a man living in Australia with his wife and two children. His protection visa had been refused, and he had applied for review. According to the report, one division of the Administrative Appeals Tribunal (AAT) set aside the refusal and sent his application back to the Department of Home Affairs. Three months later, another division said it had no jurisdiction over his application because it had already been decided. The report says the department's records captured the second division's finding that it had no jurisdiction, but not why. The department advised the Ombudsman that entering this outcome caused the automatic cancellation of his Bridging Visa A in October 2023. According to the report, the man was suspended from work, and his family lost its income. Two further bridging visa applications were refused before a third was granted, more than two months later. The Ombudsman found that the department "acted unlawfully and unreasonably, causing financial hardship" to the man and his family. ## What an auditable version would have shown The report and the department's two letters to the Ombudsman set out what happened after the visa ended. The department's later letter says that, "due to system limitations", its system "was unable to reconcile the two different Tribunal outcomes". Recording the second outcome "triggered the system to automatically regard" the visa as having ceased. A record made at the time would have shown which tribunal outcome was entered, what the system did with it and which legal ground it applied. It would also have shown what information the department held when the man's lawyer sent it the tribunal decision. The Ombudsman found the department "had (but did not check) all of the information it needed" to see the cancellation was unlawful. The report does not say whether the department checked for others affected in the same way. ## Where the gap was The department's computer system recorded that the tribunal had no jurisdiction over the man's application, but it did not record why. According to the department's later letter, the system treated the recorded outcome as a reason to end his bridging visa, even though the tribunal had already sent his application back to the department. When the man complained, the department told him that "once a decision had been made on an application it cannot be reviewed", according to the report. The Ombudsman found that the department already held the information it needed to recognise that the cancellation was unlawful, but had not checked it. In this entry's reading, the problem was that the system acted on an incomplete record, and the department relied on that record when the man challenged the result. A VerificationGate is designed to check a recorded fact against its source, here the tribunal's decision, before an action depends on it. A ConductRecord keeps the recorded outcome, the action it triggered, the legal ground applied and any later review. VerificationGate and ConductRecord are Headlights designs. ## What governance should have looked like The department agreed to all six of the Ombudsman's recommendations. These included apologies, information on compensation, a review of how tribunal and court outcomes are recorded, and a review of "whether there are sufficient safeguards covering the use of automated decision-making". The department initially disagreed with the Ombudsman's finding that its actions were unlawful. It also said there was "no decision (automated or otherwise)". After a meeting in June 2025, the department accepted the Ombudsman's view. Where a computer system can automatically end a person's visa, best practice would be to check the recorded information against the original tribunal decision before allowing that action to take effect. If the person challenges the result and provides evidence that it is wrong, the department should examine that evidence and check its own records. In this case, the Ombudsman found that the department already had the information it needed to identify the error. **Failure Pattern:** a tribunal outcome recorded without its reason triggered the automatic end of a person's visa, and the department relied on its own record when he complained, according to the Commonwealth Ombudsman. **Governance Principle:** an agency should be able to show, for every automated consequence, which recorded event triggered it, that the event was checked against its source, and who reviewed it when it was challenged. The reference implementation of VerificationGate and ConductRecord is open source. It lives at [github.com/saffronandindia/headlights-oss](https://github.com/saffronandindia/headlights-oss), Apache 2.0 licensed and free to install. The repository is public now. ## Sources - [What if the computer is wrong? Why agencies need to be willing to check automated decisions (Commonwealth Ombudsman, September 2025)](https://www.ombudsman.gov.au/__data/assets/pdf_file/0026/321695/What-if-the-computer-is-wrong.pdf) ## Related - [HD-INC-076](/library/HD-INC-076) - [HD-INC-009](/library/HD-INC-009) - [HD-INC-077](/library/HD-INC-077)