A day before travelling from the UK to Greece to spread his dead husband's ashes, Marco Bulmer-Rizzi read an immigration department email sent to his deceased husband warning he was overstaying his visa in Australia.

Key points: Widower showed husband's passport when leaving Australia

Widower showed husband's passport when leaving Australia Visa email sent widower into 'emotional meltdown'

Visa email sent widower into 'emotional meltdown' Widower wants apology from department

David Bulmer–Rizzi, 32, died while he and Marco were on their honeymoon in Adelaide.

Because South Australia does not recognise same-sex marriages from overseas, their marriage was not initially recorded on David's death certificate and Marco Bulmer–Rizzi was not recognised as next of kin.

South Australian Premier Jay Weatherill later intervened to remove the description of "never married".

However Mr Bulmer-Rizzi went on to describe the incident as "a personal attack on David, on our memories" and said "it was the most humiliating moment of my life".

Yesterday Mr Bulmer-Rizzi was traumatised again when he received an automatically redirected email which Australia's Department of Immigration and Border Protection had sent to his husband warning him he had overstayed his visa in Australia.

"I went into emotional meltdown for a few hours," Mr Bulmer-Rizzi said.

"It was bringing back so much of those dark days and experiences that I was completely overwhelmed.

"I feel like I cannot remember David for his laughter, for his jokes, for his smiles, but just for all the bureaucratic nightmares we are forced to go through.

"David's biggest legacy in Australia should be the organs he donated so selflessly, not being listed as an illegal immigrant."

Marco (L) and David Bulmer-Rizzi's life together was cut short when David died on their honeymoon. ( Supplied )

Mr Bulmer-Rizzi said he carried his husband's ashes and passport with him when he returned to Britain after the death and showed the passport to immigration officials in both countries.

"When I left Australia I told the immigration desk at Adelaide Airport that I was carrying David's ashes and his passport was with mine – they should have noted it right there and then," he said.

"And in any event there has to be a way to communicate between the death and birth register office and the immigration team.

"There must be hundreds if not thousands of foreign nationals that dies every year. Surely they all cannot be getting these letters? And if they do it's devastating for the families and it has to be controlled."

He said he hoped to receive an apology from the department and see that action was being taken to prevent the same thing happening to others.

"They need some proper process in place," he said.

"There are people, families, who are in pieces and can barely survive each day and they cannot receive an email like that. It is also false and inaccurate."

A spokesperson for the Department of Immigration and Border Protection said it had written to Marco Bulmer-Rizzi to apologise and offer to discuss the matter with him personally.

"The department makes extensive efforts to match its records with facts of death files from state and territory authorities and with its own records on repatriated bodies," the spokesperson said in a statement.

"The department will examine the circumstances of this case in an effort to identify ways to further improve its processes.

The department sincerely regrets any distress caused to the family and loved ones of Mr Bulmer-Rizzi."