IRB Dismisses Oberlander’s Latest Legal Move

Oct. 21, 2020

The Immigration and Refugee Board of Canada (IRB) has turned down an application from Helmut Oberlander, removing yet another obstacle to the deportation of the 96-year-old alleged Nazi war criminal.

Helmut Oberlander in an undated Second World War-era photo (left) and in his 90s (right)

In a decision issued Oct. 20, the IRB’s Immigration Division denied Oberlander’s bid to dismiss his case based on his argument that the board lacked jurisdiction to remove him.

Oberlander has argued that his status as a Canadian citizen was never expunged, and that the IRB lacked jurisdiction to issue a deportation order against him. Doing so would be an “abuse of process.”

The IRB’s 67-page judgment counters that the Immigration Division has the jurisdiction to issue removal orders against Oberlander on the basis of reports before it.

When he exhausted his last possible appeal at the Supreme Court of Canada last December, it appeared the next logical step was his removal. Taking the case to the IRB was seen as a last-ditch effort by Oberlander to avoid deportation.

The former Nazi death squad member was admitted to Canada in 1954 and acquired Canadian citizenship in 1960. The federal cabinet revoked his citizenship in 2001, 2007, 2012 and 2017. On the first three occasions, the decisions were upheld by the Federal Court but sent back to cabinet for redetermination by the Federal Court of Appeal.

The government has said that Oberlander was admitted to Canada through false representation or by knowingly concealing his wartime service in the mobile Nazi death squad Einsatzkommando 10a, known as Ek10a, and thus never gained lawful entrance to this country.

Oberlander has always maintained that he was a low-level translator with Ek10a, which operated in Nazi-occupied Ukraine and slaughtered thousands of civilians, mostly Jews.

He served with the unit from 1941 to 1943, claiming he had been conscripted as a teenager under duress and that he never took part in atrocities.

The case can now be scheduled for an admissibility hearing to determine whether Oberlander should be removed from Canada, IRB spokesperson Anna Pape told The CJR. Recourse can be sought through a judicial review by the Federal Court, she added.

The CJR will monitor developments.