How we use visa data
The data collected under this program will be used to:
- identify, detect and manage tax, superannuation and foreign investment compliance risks, including non-lodgment, incorrect reporting, fraud, identity crime and ineligible registrations
- identify, monitor and treat emerging risks and behaviour patterns across visa holder, visa sponsor, and migration agent populations
- compare visa data with our records and other ATO data holdings, including through risk modelling and analysis, to support the selection of taxpayers and entities for profiling, compliance, audit, investigation and intelligence activities
- provide insights through analysis and reporting that support our regulatory, policy and whole-of-government responsibilities, including foreign investment, migrant worker programs, immigration policy analysis and voluntary compliance initiatives
- support voluntary compliance and improve client experience through targeted education and engagement, reducing unnecessary contact, and making more accurate decisions where visa status is relevant.
Previous related programs
The most recent data-matching protocol for this program was published on 30 October 2023 and covered data from 2017–18 to 2025–26 financial years.
Visa data for 1 March 2020 to 28 March 2021 was used to assist in confirming eligibility for the government's novel coronavirus (COVID-19) economic response, JobKeeper measure. The data supported pre-issue and post-issue compliance checks enabling us to follow-up potentially false or misleading declarations.
Our previous data-matching programs have helped us fulfil our responsibility to protect public revenue and maintain community confidence in the integrity of the tax and superannuation systems. We achieved this by:
- helping to ensure that individuals and businesses are fulfilling their tax and super reporting obligations
- identifying and educating individuals and businesses who may be failing to meet their registration or lodgment obligations
- identifying candidates for review and audit who may be failing to meet their registration or lodgment obligations and assisting them to comply.
We also conduct the following data-matching programs:
- Passenger Movements Program
- Higher Education Loan Program (HELP)
- Vocational Education and Training Student Loans (VSL)
- Australian Apprenticeship Support Loan (AASL) – previously known as Trade Support Loan (TSL).
Data providers
The visa data is provided by the Department of Home Affairs. We are the matching agency and, in most cases the sole user of the data obtained during this data-matching program.
Our formal information gathering powers
To ensure statutory requirements are met, we obtain data under our formal information gathering powers. These are contained in section 353-10 of Schedule 1 to the Taxation Administration Act 1953.
This is a coercive power and the data provider is obligated to provide the information requested.
We will use the data for tax and super compliance purposes.
Privacy Act
Data will only be used within the limits prescribed by Australian Privacy Principle 6 (APP6) contained in Schedule 1 of the Privacy Act and in particular:
- APP6.2(b) – the use of the information is required or authorised by an Australian law
- APP6.2(e) – the ATO reasonably believes that the use of the information is reasonably necessary for our enforcement-related activities.
Data elements we collect
We will collect data from Home Affairs for visa holders.
We anticipate that the data quality will be of a high standard based on our previous visa data matching.
We negotiate with Home Affairs to obtain data held within their systems. The collected data may contain all or a selection of the following listed fields.
Client identification details – individuals
We collect the following data from the Department of Home Affairs for visa holders:
- address history for visa applicants and sponsors
- contact history for visa applicants and sponsors
- address history for migration agents
- contact history for migration agents
- history of visas granted (active visa holders)
- person visa status at a point in time
- migration agents (visa application preparer who assisted or facilitated the processing of the visa)
- all international travel movements undertaken by visa holders (arrivals and departures)
- sponsor details (457 visa)
- visa subclass name
- visa conditions
- education providers (educational institution where the student visa holder intends to undertake their study).
Number of records
We expect to collect data on approximately 9 million individuals each financial year for this program.
Data retention
We collect data under this program for all financial years from 2020–21 to 2028–29. We collect this data each quarter of the financial year.
We destroy data that is no longer required in accordance with the Archives Act 1983, and the records authorities issued by the National Archives of Australia, for both general and ATO-specific data.
We will retain each financial year’s data for 5 years from receipt of the final instalment of verified data files from the data provider.
The data is required for this period for the protection of public revenue:
- retaining data for 5 years enables protection of public revenue
- travel frequently covers periods longer than one financial year – the data enhances our ability to identify taxpayers who may not be complying with their tax and super obligations, which is integral to protecting the integrity of the tax and superannuation systems
- retaining the data for 5 years supports our general compliance approach of reviewing an assessment within the standard period of review and aligns with the requirements for taxpayers to keep their records
- the data is also used for multiple risk models, including models that establish retrospective profiles over multiple years aligned with the period of review.
While increased data retention periods may increase the risk to privacy, we have a range of safeguards to appropriately manage and minimise this. Our systems and controls are designed to ensure the privacy and security of the data we manage.
Continue to: Notifying the public of the data-matching program
Return to: Visa data-matching program overview