Zhu v. Canada ( Minister of Employment and Immigration )
A-1017-91
MacGuigan J.A.
28/1/94
3 pp.
Appeal from decision of Board concluding appellant had failed to establish nexus between offence he had committed and political opinion as reason for well-founded fear of persecution-Appellant, citizen of China, smuggled two students involved in pro-democracy movement in air container shipped to Hong Kong-Motivation was of accommodating wife's friendship with one of students and sympathy for pro-democracy movement -- Board in error in setting up opposition between friendship and political motivation -- Motives of appellant "mixed" more than "conflicting" -- People frequently act out of mixed motives; enough to conclude one of motives political -- Even if appellant not generally politically active, made a financial contribution to pro-democracy movement-Board also in error in not revisiting nexus between offence committed and political opinion, after concluding appellant's conduct in facilitating escape of two students could be considered by government of China as politically motivated -- Appeal allowed-Matter returned to differently constituted panel for rehearing and redetermination.