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War Criminal
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Vancouver, British
Columbia (JTA) — A con-
victed war criminal was
given another chance to con-
vince Canadian officials that
he did not enter the country
illegally by concealing his
Nazi past.
A Canadian immigration
adjudicator ruled that Jacob
Luitjens was entitled to a
full deportation inquiry,
despite the fact that he re-
cently lost his case before a
federal court.
Mr. Luitjens, 72, was con-
victed in absentia in the
- Netherlands in 1948 for be-
ing a member of the Land-
wacht, a local police force es-
• tablished by the Nazis to
round up Jews and
resistance fighters.
Canadian immigration ad-
judicator Daphne Shaw
Dyck ruled that she was not
bound by Justice Frank
Collier's decision and re-
jected the Justice Depart-
ment's arguments that it
would be ridiculous to
"relitigate" the earlier rul-
ing. _
Justice Collier ruled last
October that Mr. Luitjens
hid his Nazi past when he
applied for Canadian
citizenship in 1971. He was
then stripped of his citizen-
ship. In April, the Federal
Court of Appeals in Ottawa
upheld Collier's and ruled
that Mr. Luitjens could not
appeal it.
In April, Justice Collier, of
the Federal Court of Appeals
in Ottawa, ruled that Mr.
Luitjens could not appeal
According to the daily
Toronto Globe and Mail, Ms.
Shaw said she "could not
rely on the essential findings
of fact rendered by Justice
Collier when he found Luit-
jens had lied about his past
three times in applying to
immigrate to Canada.
"The Immigration Act re-
quires me to make a decision
in this case based on credible
evidence presented to me,"
said Ms. Shaw. "Such is my
statutory duty and to do
otherwise, places the integ-
rity of the immigration in-
quiry in jeopardy."
Ms. Shaw added that "the
minister of immigration, not
Mr. Luitjens, has initiated
this inquiry, and according
to the immigration regula-
tions, he must be given the
opportunity to reply to
evidence against him."
As a result of Ms. Shaw's
ruling, Canadian officials
have begun reintroducing
evidence used in the prior
federal court case.
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