Former Nazi death squad member facing deportation hearing
KITCHENER -- A Waterloo man who was a former Nazi death squad member has lost his latest bid to remain in Canada.
The Immigration and Refugee Board has ruled against Helmut Oberlander, meaning he will now face a deportation hearing.
Oberlander, who is now 96, is accused of concealing his involvement with a Nazi death squad when he immigrated to Canada.
Oberlander claimed he was forced into the role and didn't take part in any killings.
His citizenship has been revoked four times, most recently in 2017.
Last December, the Supreme Court refused to hear an appeal from Oberlander.
Tuesday's ruling by the Immigration and Refugee Board dismissed arguments that it didn't have jurisdiction over the case.
The documents said Oberlander was admitted to Canada as a landed immigrant in 1954 and he obtained his Canadian citizenship in 1960.
"The legislation in place at the time of Mr. Oberlander’s landing in Canada was the Immigration Act of 1952 which provided that 'Canadian domicile' was defined as Canadian domicile acquired and held in accordance with section 4 of that legislation," the decision said in part. "Canadian domicile was acquired by an individual who resided in Canada for a period of five years after having been landed."
The decision said Oberlander was "deemed to have lost Canadian domicile" when his citizenship was revoked for the final time in 2017.
The decision also said the "ID has the jurisdiction to issue the applicable removal orders."
"I find that the allegation of war crimes and crimes against humanity against Mr. Oberlander is neither res judicata, issue estoppel nor an abuse of process," the decision said.
Oberlander's lawyers are expected to appeal the latest decision.
Oberlander has never been charged with a war crime.