Legal translation plays a pivotal role in maintaining the integrity of asylum proceedings in the UK and Europe. For applicants from diverse linguistic backgrounds seeking refuge, accurate translation is crucial in conveying their stories, which often involve complex histories of persecution or conflict. However, when misinterpretations or inadequate translation disrupt these proceedings, the consequences can be severe. Such disruptions can lead to the denial of asylum, deportation, or prolonged appeals.
Challenges in Translation for European Asylum Proceedings
Legal translation in asylum cases trancends standard translation; it demands the accurate rendering of legal concepts and personal narratives into other languages. This task requires linguistic skill as well as an understanding of legal and cultural nuances. Unlike other legal contexts, asylum proceedings are deeply sensitive, as they determine whether applicants may be returned to potentially unsafe environments.
In Europe, language diversity poses significant challenges in asylum proceedings, particularly with the increasing number of asylum seekers from regions such as the Middle East, Africa, and Southeast Asia. The UK asylum system, for instance, must accommodate various languages and dialects. A 2021 report from Gherson LLP highlighted a UK tribunal case where misinterpretation led to a re-hearing after concerns were raised about the impartiality of the interpreter. In that case, an appellant had limited English proficiency and issues were raised regarding the accuracy of the interpretation during a First-tier Tribunal hearing. Despite the appellant’s concerns, the judge initially dismissed the issues, viewing the appellant’s request for a secondary interpreter as unnecessary. This stance changed when an appeal raised questions about the interpreter’s impartiality, leading the Upper Tribunal to order a re-hearing.
Such cases demonstrate the importance of linguists who not only possess the necessary linguistic abilities but also adhere to strict ethical standards. The re-hearing in this instance highlighted judicial awareness that errors in interpretation could provide valid grounds for appeal, especially when these errors influence case outcomes. The UK courts, like those across Europe, have a responsibility to ensure accurate and unbiased interpretation to support trust in the asylum process.
Interpretation in European Asylum Systems: Common Issues
Despite language access policies in Europe, delivering effective language services remains challenging. The high demand for interpreters in less common languages frequently leads to the use of unqualified interpreters or inadequate resources, particularly in busy courts and asylum facilities. Key challenges include:
- Diverse Language and Dialect Needs: Many asylum seekers come from regions where multiple dialects exist within a single language, such as Arabic or Kurdish. In these cases, translators must ensure the accuracy of the dialect used to avoid misrepresenting the applicant’s statements.
- Complex Legal Terminology: Translators need to accurately convey legal terms in asylum cases where technical language intersects with personal experiences. Even slight inaccuracies can affect how an applicant’s story is perceived.
- Emotional Sensitivity and Cultural Context: Interpreters must approach asylum cases with awareness of the cultural and emotional nuances in applicants’ stories, ensuring that these are conveyed faithfully and respectfully.
In recent years, European institutions, such as the European Union Agency for Asylum (EUAA), have emphasised the need for specialised training for interpreters in asylum cases. Training includes not only linguistic skills but also trauma-informed interpretation methods and cultural sensitivity to support applicants who may be dealing with significant emotional distress.
Case Examples in the UK and Europe
Several recent cases in Europe have highlighted the consequences of misinterpretation in asylum proceedings:
- The UK Tribunal Case on Secondary Interpretation: As mentioned above, the UK’s Upper Tribunal ordered a re-hearing due to concerns about the primary interpreter’s accuracy and behaviour, with issues raised about impartiality and professionalism
- Belgian Asylum Case on Kurdish Interpretation: In a recent Belgian case, an applicant from Iraq faced deportation due to a mistranslation of his testimony. The interpreter was unfamiliar with the specific Kurdish dialect, leading to inaccuracies that misrepresented the applicant’s account. Following an appeal, the court acknowledged that the mistranslation had affected the applicant’s case and allowed a new hearing, underscoring the importance of dialect-specific interpreters.
- German Asylum Proceedings with Arabic Dialects: In Germany, the Federal Office for Migration and Refugees (BAMF) has faced challenges in providing accurate interpretations for Arabic-speaking asylum seekers. Reports indicate that dialectal differences between Modern Standard Arabic and regional dialects have led to misunderstandings, resulting in appeals and, in some cases, revised decisions. This has led German authorities to invest in more specific dialect training for interpreters.
Strategies for Improving Legal Translation in Asylum Cases
To address these translation challenges, European asylum systems are implementing policies to improve the quality of legal translation in asylum cases. Recommended strategies include:
- Certification Requirements for Translators: Governments should establish certification requirements for legal translators working in asylum cases. Certified translators, particularly those trained in asylum-specific terminology and the legal process, offer a higher level of assurance in the accuracy of translations. At IMD Translation, all of our translators meet ISO17100 as a minimum, with many specilaised in specific practice areas.
- Specialised Training Programmes for Interpreters: National and regional authorities could develop training programmes focusing on trauma-informed interpretation, cultural awareness, and specific dialects. This would better prepare interpreters for the unique aspects of asylum cases.
- Regular Monitoring and Quality Control: Courts and asylum agencies should establish mechanisms for monitoring interpreter performance. Regular reviews and feedback can help to identify potential issues early and ensure that interpreters maintain high standards.
- Allowing for a Secondary Interpreter: Permitting a secondary interpreter in contentious cases adds an additional layer of oversight. This approach, used in the UK Tribunal case, helps verify the accuracy of translations and provides an extra safeguard for the applicant’s rights.
- Careful Use of Technology: While technology, including AI, can support interpreters by offering supplementary language resources, it must be used cautiously. AI tools cannot yet accurately interpret nuanced legal and personal narratives, so they should be used as a resource rather than a replacement for human interpreters.
Conclusion: The Importance of Accurate Translation in Asylum Cases
Legal translation and interpreting plays a fundamental role in the European and UK asylum processes. Misinterpretation or insufficient language services can lead to denied asylum, deportation, or unnecessary appeals, adding burdens to both legal systems and applicants. By adopting a comprehensive approach with certified translators, specialised training, and careful monitoring, European legal systems can support fairer outcomes in asylum cases, protect applicants’ rights, and ensure that linguistic barriers do not hinder justice.
If you have a case that requires a professional linguist, regardless of practice area, get in touch with IMD Translation to chat about your specific requirements.