ABSTRACT

The petitioner was born in Poland in 1922 of Jewish parents. Reared as a Jew, he was active in the Zionist movement and did two years’ pioneer training prior to immigration. At the outbreak of the Russo-German war in 1941, he was imprisoned but after escape and obtaining a certificate that he was a German Christian he secured a post as secretary and interpreter to the German police. As such he actively assisted the local Jewish population by passing on information and supplying arms to them. His heroism during this period was later widely acknowledged and honoured. Upon being exposed by an informer he revealed his true colours and was imprisoned. Once again he managed to escape and in 1942 found refuge in a convent, where he was converted. At the end of the war in 1945 he entered the Carmelite Order deliberately because he knew it had a Chapter in this country which he could join in due course. After a number of unsuccessful attempts to obtain permission to emigrate, his superior finally allowed him to do so in 1958. In a subsequent application to the Polish authorities for a passport he was explicit as to his belonging to the Jewish people although he had embraced the Catholic faith. His request for a passport was granted upon his waiving Polish citizenship and completely severing links with Poland. On entry into Israel, however, his application for an immigration certificate under the Law of Return* and for registration as a Jew was refused on the basis of a Government decision of July 20, 1958, which provides that anyone declaring in good faith that he is a Jew and who does not profess any other religion shall be registered as a Jew. On his application an order nisi was issued against the respondent to show cause why the petitioner should not receive an immigration certificate and a certificate of identity.