Interpretation, Translation, and Confusion in Refugee Status Determination Procedures

Abstract This article examines the impact on legal processes of the need to use interpreters, drawing examples from refugee status determination procedures in the United Kingdom. It describes the roles played by interpreters in facilitating intercultural communication between asylum applicants and the administrative and legal actors responsible for assessing or defending their claims at the various stages of those procedures. The UK authorities’ somewhat naïve expectations about the nature of the interpretation process display little understanding of the practical dilemmas that interpreters face. Much of the confusion and many of the barriers to communication created by the involvement of interpreters reflect the inherent untranslatability of particular notions, and so arise irrespective of the technical competence of the interpreters themselves. For example, dates may be reckoned using non-Gregorian calendars; terminologies for family relationships and parts of the body may be incongruent between the two languages; and there may be no exact indigenous legal equivalents to UK notions such as ‘detention’ or ‘rape’. Different interpreters may therefore give different, though equally legitimate, translations of such terms, creating apparent ‘inconsistencies’ in the resulting translated accounts. Given the centrality of notions of credibility in asylum decision-making, even quite trivial divergencies over such matters may prove crucial.