Legal roadblock thrown up against government’s move to deport former Nazi living in Waterloo, Ont.

Former Nazi death squad member Helmut Oberlander is seen in this undated file photo. CIJA / Handout

The government’s move to expel former Nazi death squad member Helmut Oberlander has hit another roadblock, Global News has learned.

It appeared that the 96-year-old Waterloo, Ont., man would be on his way out of Canada after the Supreme Court refused to hear his citizenship appeal on Nov. 6 but his lawyers have presented yet another legal challenge.

READ MORE: Russia ask Canadian government for files on ex-Nazi death squad member living in Waterloo, Ont.

In a November filing to the Immigration and Refugee Board obtained by Global News, Oberlander’s lawyers have asked for the case against him to be dismissed on the grounds his citizenship was never expunged and the immigration division lacks jurisdiction to issue a removal order.

At the end of January, the government responded with a request to dismiss his application on the grounds that his citizenship was obtained under false representation as he concealed his wartime service.

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A spokesperson for the federal government told Global News that Oberlander’s legal team has until Feb. 28 to respond before an adjudicator makes a decision on the application.

They said that “if the application is dismissed, an admissibility hearing will be held (date to be determined based on availability of parties) to determine whether allegations against Mr. Oberlander are well founded and a deportation order should be issued.”

READ MORE: Supreme Court won’t hear appeal of ex-Nazi living in Waterloo, Ont.

Oberlander was born in Ukraine before becoming a German citizen during the Second World War.

He would move to Canada in 1955 before becoming a citizen in 1960.

The federal government first began to look into expelling Oberlander in 1995 after learning of his wartime activities.

Oberlander was a translator for Nazi death squads and later as an infantryman in the German army, according to 2018 court documents.

READ MORE: Federal Court deals blow to 94-year-old ex-Nazi in deportation case

In 2008, he was officially stripped of his citizenship and has been fighting legal battles against deportation ever since.

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In December, Canada’s Supreme Court rejected an appeal to restore his citizenship that he obtained in 1960.

Oberlander claims he was forced to join one of the Nazis’ “Einsatzkommando” mobile killing squads at the age of 17 and did not take part in any atrocities.

*With files from Canadian Press

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