Paragraph 8.5 Interpreter and Witness Statement Attestation
Paragraph 8.5 of the First-tier Tribunal Immigration and Asylum Chamber Practice Direction addresses English statements not understood by the witness. It requires a faithful read-back and signed, dated confirmations in the stated circumstances.
- English witness statement read-back
- Witness and interpreter sign-off requirements
- Version control before evidence is filed
- Guidance for solicitors preparing immigration appeals
Immigration Tribunal Witness Statements: What Paragraph 8.5 Requires
The Practice Direction dated 1 November 2024 applies to proceedings in the First-tier Tribunal Immigration and Asylum Chamber. Paragraph 8.5 states that witness evidence should, if practicable, be in the intended witness’s own words. The statement does not have to be drafted in a language the witness understands. However, where it is drafted in English and English is not understood by the witness, a signed and dated attestation is required from both the witness and the person who interpreted the statement.
The attestation confirms that the statement was read back in a language the witness understands and that the statement accurately reflects their evidence. This requirement is distinct from simply arranging an interpreter for a solicitor meeting or for the eventual Tribunal hearing.
Where this service supports legal preparation
The correct interpreting task depends on the status of the evidence, the intended audience and who is responsible for the document.
Check applicability
The instructing lawyer checks the jurisdiction, current Practice Direction and any directions specific to the appeal.
Read back the English statement
The interpreter must faithfully communicate the identified statement in the witness’s language before the appropriate endorsements are completed.
Confirm witness accuracy
The witness can identify incorrect or disputed wording. Corrections are handled by the legal representative and checked as required.
Complete the endorsements
Paragraph 8.12 contains the particular witness and interpreter attestation wording. Use the required text, not an invented general certificate.
Practical steps for a paragraph 8.5 read-back
A clear brief and carefully coordinated review are more valuable than assuming one interpreting format fits every case.
Confirm the applicable rule
Identify the correct Tribunal, any direction from the judge and whether the witness understands the English document.
Prepare the final draft
Provide an accurately paginated statement and clarify the role of any referenced exhibits or revisions.
Interpret and check
Read back the statement in the agreed language, allowing the witness to flag errors before any endorsement is signed.
Check and file endorsements
The legal representative ensures the prescribed attestations, statement of truth and filing instructions are satisfied.
Witness Statement Interpreter Attestation: Paragraph 8.12
Paragraph 8.12 specifies wording for endorsements by the witness and the interpreter when the statement is in English and the witness does not understand English. It is not enough to add a generic label such as “certified interpreter” without checking what the Practice Direction actually asks them to confirm.
The interpreter should confirm only what they personally did. If the English statement was subsequently changed, the legal team should establish what needs to be read back again before relying on an attestation. The separate witness statement of truth and any further case directions also remain the responsibility of the legal team.
Primary source: First-tier Tribunal Immigration and Asylum Chamber Practice Direction, particularly paragraphs 8.5, 8.10–8.12.
First-tier Tribunal Witness Statement Interpreter vs Hearing Interpreter
An interpreter engaged for a statement review assists with the pre-filing document process. Hearing interpretation is a separate court or Tribunal function, with its own arrangements. The HMCTS guide explains that an interpreter at a hearing interprets spoken proceedings and should not be asked to translate documents at the hearing.
For a broader oral review not tied to this specific rule, see our witness statement read-back interpreter service. If the appointment concerns earlier case preparation rather than endorsement of a final statement, our asylum appeal interpreting page explains that distinction.
Common distinctions in immigration appeal cases
Clarify the intended purpose before scheduling the interpreter.
| Stage or service | What needs confirming |
|---|---|
| Solicitor-led preparation | Interpreting a client’s account or discussing supporting evidence |
| Paragraph 8.5 read-back | Interpreting an English witness statement for someone who does not understand it, with required endorsements |
| Tribunal hearing | Interpreting live proceedings under the Tribunal’s hearing arrangements |
Witness Statement Interpretation for First-tier Tribunal Cases
The interpreter conveys the identified English statement to the witness in a language they understand, allowing them to check their own evidence. The solicitor confirms which Tribunal directions apply and controls any amendments.
Understanding the Tribunal's Witness Statement Language Requirements
The Immigration and Asylum Chamber Practice Direction deals with statement language, read-back and required confirmations. In relevant cases, paragraph 8.5 applies when an English statement is not understood by its witness; paragraph 8.12 provides endorsement wording.
Signed Interpreter Attestations for Immigration Proceedings
Where the rules require a read-back endorsement, both the witness and the interpreter must sign and date the appropriate confirmation. A general translation certificate is not an equivalent substitute for the prescribed statement.
Remote Interpretation for Immigration Tribunal Statements
For a video-based review, the legal representative should check the format is suitable, documents can be shared securely and all parties can follow the same final statement. Signing arrangements must also meet the applicable instructions.
What Does Paragraph 8.5 of the Tribunal Practice Direction Require?
Paragraph 8.5 addresses an English witness statement where the witness does not understand English. In the stated circumstances, witness and interpreter attestations confirm the document was read back in an understood language and accurately reflects the witness’s evidence.
Interpreter Attestation Requirements Under Paragraph 8.5
The relevant endorsement must refer to the actual statement and read-back, and reflect the current Practice Direction. Paragraph 8.12 specifies the language of the witness and interpreter confirmations. The legal team must check any case-specific order.
How to Arrange a Compliant Witness Statement Read-Back
Confirm the jurisdiction and rule, select an interpreter suited to the witness’s language and dialect, provide the approved final statement and allow correction of disputed passages. The legal team handles re-reading, signatures and filing.
Interpreter Services for First-tier Tribunal Witness Statements
An interpreter for pre-filing statement review is not automatically the interpreter for the eventual hearing. Define the assignment, the witness’s language and the role of the solicitor before booking.
What Is an Interpreter Attestation for a Witness Statement?
It is a confirmation about the interpretation actually performed. For certain Immigration and Asylum Chamber witness statements, the attestation establishes that the English text was read back in a language understood by the witness.
Signed and Dated Interpreter Declarations
A declaration must be signed and dated where the relevant rule requires it. The interpreter should not endorse a read-back that they did not personally conduct or a document different from the one they interpreted.
Witness and Interpreter Confirmation Requirements
The witness confirms the statement reflects their evidence following the read-back; the interpreter confirms the interpretation. The solicitor checks whether each confirmation uses the required form and has been completed against the right document.
Professional Interpreting for Legal Witness Statements
Effective legal interpreting depends on correct language and dialect matching, impartial communication and careful handling of dates, names and disputed details. Legal representatives remain responsible for the content and procedural submission of evidence.
Paragraph 8.5 Interpreter for Immigration Appeals FAQs
These answers explain practical arrangements, not legal advice. Applicable rules and case-specific directions take precedence.
Related legal language services
Does paragraph 8.5 apply to every UK witness statement?
No. It is a provision of the First-tier Tribunal Immigration and Asylum Chamber Practice Direction. Other proceedings may have different rules.
Who signs the attestation?
Where paragraph 8.5 applies to an English statement the witness does not understand, both the witness and the person who interpreted it must sign and date the required confirmation.
Where is the exact attestation wording?
Paragraph 8.12 of the Practice Direction sets out the witness and interpreter endorsements.
Can the interpreter prepare or change the statement?
The interpreter relays the document and corrections faithfully. The solicitor or authorised statement-taker handles drafting and amendment.
Can the read-back happen by video?
The legal team must establish whether the format is suitable and how identification, document access, privacy and endorsements will be handled.
Is a hearing interpreter the same as a paragraph 8.5 interpreter?
Not necessarily. A pre-filing statement read-back and interpreting live at a Tribunal hearing are distinct assignments.
Discuss the interpreter requirements for your case
Send the spoken language and dialect, reason for the appointment, proposed date and format, and any instructions from the solicitor or Tribunal. Agree a secure route before sharing sensitive witness evidence.