Paragraph 8.5 Interpreter Services for Immigration Appeals
Need a paragraph 8.5 interpreter to read an English witness statement back in a language the witness understands? We can assess interpreter availability for the read-back and associated attestation requirements.
This page explains the First-tier Tribunal requirement, the witness and interpreter endorsements, and how a solicitor can prepare the appointment.
What Does Paragraph 8.5 of the Tribunal Practice Direction Require?
Under the First-tier Tribunal (Immigration and Asylum Chamber) Practice Direction dated 1 November 2024, the statement should, if practicable, be in the witness’s own words. An English statement not understood by the witness triggers a specific interpreted read-back and signed-attestation requirement.
Is the statement written in English?
Paragraph 8.5 specifies the position where the text is English and the witness does not understand that language. The legal team should identify the document language and any other applicable directions.
Does the witness understand the English text?
If not, the provision requires an interpreted read-back in a language they understand, with signed and dated attestations from both the witness and interpreter. The solicitor must check the facts of the case.
The relevant English witness statement must carry the witness's and interpreter's signed and dated confirmations that it was read back in an understood language and accurately reflects the witness's evidence. Other proceedings may have different procedural rules; this page is specifically about the First-tier Tribunal Immigration and Asylum Chamber.
Interpreter Attestation Requirements Under Paragraph 8.5
The attestation is not merely proof that an interpreter attended a meeting. It relates to the specific statement being read back and the witness's ability to understand and confirm its content.
Paragraph 8.12 of the Practice Direction provides prescribed witness and interpreter endorsement wording. The legal professional should use that wording and identify who will sign, how the final version is controlled and whether case-specific directions affect the method.
A translator's certificate for a written translation, a notarised document or a generic attendance email should not be substituted for the required read-back declarations.
| Person / document | Confirmation involved | What the interpreter service can and cannot do |
|---|---|---|
| Witness | Confirms the interpreted read-back in the required endorsement | The interpreter helps the witness understand what has been written; the witness signs their own confirmation |
| Interpreter | Confirms faithful read-back of the identified statement into the named language | Should only sign an attestation reflecting work actually undertaken |
| Statement of truth | Separately verifies the witness’s belief that the factual account is true | Not replaced by an interpreter attestation or certified translation |
| Legal representative | Checks relevant rules, statement drafting, document version and filing | Responsible for procedural compliance; language support is not legal advice |
How to Arrange a Compliant Witness Statement Read-Back
The legal team should organise interpretation around the document and the witness's circumstances. The checklist below supports preparation but does not replace legal verification of the current Practice Direction and any directions in the individual appeal.
- Identify the witness’s spoken language and regional dialect.
- Check the specific case and any directions from the Tribunal.
- Provide the complete relevant final English statement.
- Allocate sufficient time for full read-back and clarification.
- Record questions and corrections through the solicitor.
- Determine whether an amended version needs further read-back.
- Confirm prescribed witness and interpreter attestation wording.
- Complete the separate witness statement of truth and filing checks.
The 2024 Practice Direction also addresses statement preparation method, identification of sources of knowledge and evidence, and exhibit references (including paragraphs 8.6–8.9). The legal team should check these requirements as part of its complete filing review. For the oral procedure itself, see witness statement read-back interpreter services.
Interpreter Services for First-tier Tribunal Witness Statements
Not every solicitor appointment requires an attestation, and a read-back interpreter is not automatically booked for a hearing. Distinguish the intended task before confirming a time and fee.
Before the final draft
An interpreter can assist when instructions are taken, evidence is clarified or the witness's account is discussed. The solicitor remains the statement-taker and decides the final text.
Final read-back appointment
When the paragraph 8.5 condition applies, the interpreter faithfully reads the relevant statement into the witness’s language and assists with the prescribed attestation process.
Hearing interpretation
Interpretation at the tribunal hearing is separate from a solicitor-led read-back and may need to be arranged under different booking procedures. Specify both services if relevant.
What the booking brief should contain
Language and dialect, statement length and version, deadline, date, location or video platform, relevant safeguarding or privacy needs and instructions concerning endorsements. Use a secure route for sensitive case materials.
Related tribunal and asylum pages
Asylum appeal witness statement interpreters explain preparation of asylum evidence. Remote witness statement interpreting covers video, privacy and signing arrangements.
First-tier Tribunal Witness Statement Interpreters: Read-Back Versus Hearing Attendance
A First-tier Tribunal witness statement interpreter may be instructed by a legal representative to interpret the final statement to an appellant who does not understand its English wording. This pre-filing task should not be confused with interpretation at the tribunal hearing, which may be arranged under different procedures.
Solicitor-led preparation
Before filing, a solicitor may instruct an interpreter for witness instructions, draft review and paragraph 8.5 read-back. Confirm exactly which stage is included in the interpreter's brief.
Attestation of the final statement
For an applicable English statement, paragraph 8.12 provides the witness and interpreter endorsement wording. Both should be signed and dated. The separate witness statement of truth must also be addressed under the Practice Direction.
Tribunal hearing support
Interpreting during the hearing is not automatically supplied by the agency providing the read-back. The solicitor should check whether the tribunal or another party is responsible for booking the hearing interpreter.
For general legal appointments see interpreting services; for written evidence see legal translation services and asylum document translation. These are distinct from paragraph 8.5 read-back arrangements.
Paragraph 8.5 Interpreter FAQs
Ten questions about when the requirement arises, the prescribed endorsements, how to arrange a read-back and what remains the solicitor's responsibility.
What is a paragraph 8.5 interpreter?
An interpreter instructed to read an English witness statement back to a witness who does not understand English, in circumstances governed by paragraph 8.5 of the First-tier Tribunal Immigration and Asylum Chamber Practice Direction.
Does paragraph 8.5 apply to all UK courts?
No. It is part of the First-tier Tribunal Immigration and Asylum Chamber Practice Direction. Other courts or chambers may have different rules.
Does every asylum appellant need this attestation?
It depends on the language of the statement and what the witness understands, as well as relevant tribunal directions. The solicitor must assess the circumstances.
What exactly must be signed?
When paragraph 8.5 applies, the witness and person interpreting the statement must provide signed and dated attestations. Paragraph 8.12 gives the endorsement wording.
What is the role of paragraph 8.12?
It states the wording the witness and interpreter must endorse when the English witness statement is not understood by the witness.
What about paragraphs 8.10 and 8.11?
They concern the separate statement of truth and the witness’s belief in the facts of the statement, including the declaration in the witness’s own language.
Can a certified translation replace the interpreter endorsement?
No. Written translation certification and an interpreted read-back attestation serve different purposes and are not automatically interchangeable.
Can the read-back be conducted remotely?
Remote interpreting may be possible, but the solicitor must check the rules and case directions governing identity, final-version control and signatures.
What should a solicitor send to arrange a booking?
Provide language and dialect, statement length and version, deadline, appointment mode, confidentiality instructions and required declarations.
Can you guarantee tribunal acceptance?
No. Locate Translate can assess the interpreting service, but the legal representative is responsible for correct wording, signatures, evidence and filing requirements.
Arrange a paragraph 8.5 interpreter for the correct statement
Send the witness's language and dialect, the English statement length, the required date and the legal team's attestation instructions. We can assess the interpreting appointment; the solicitor retains responsibility for the legal declarations and filing.
Tell us what the tribunal statement requires
Include the witness's language and dialect, English statement length, required read-back date, remote or on-site preference and the legal representative’s instructions about attestation.
Do not paste confidential witness evidence into this form. For secure file transfer, use hello@locatetranslate.co.uk.