Patto v Minister for Immigration and Multicultural Affairs

Patto v Minister for Immigration and Multicultural Affairs is a case concerning the eligibility of an Iraqi national, Petros Esho Patto, for a protection visa under Australia's Refugees Convention. Patto fled Iraq and lived illegally in Greece for seven years before coming to Australia using a forged Greek passport. His application for a protection visa was refused on the basis that effective protection was available to him in Greece. The primary issue before the court was whether the Refugee Review Tribunal had a proper basis to conclude that effective protection was available to Patto in Greece.

The court examined the evidence and submissions presented to the Tribunal, including an affidavit from an expert in Greek law who opined that Patto did not have a right to re-enter Greece and would be at risk of being returned to Iraq if returned there. The court also noted the country information report supplied to the Tribunal which suggested that Greece was tolerant of an illegal population and did not generally deport unless a person came to notice for criminal activities. However, the court found that the Tribunal did not adequately address the evidence and submissions concerning Patto's status as a refugee and the availability of effective protection in Greece.

The court held that the Tribunal had erred in its decision by not making an assessment of Patto's status as a refugee and by not adequately considering the evidence and submissions concerning the availability of effective protection in Greece. The court set aside the Tribunal's decision and remitted the matter to the Tribunal for reconsideration according to law. The court also ordered that the Respondent pay the Applicant's costs of the application.