If an interpreter makes critical mistakes during your Refugee Protection Division (RPD) hearing, you must object immediately. If your claim is rejected due to these errors, you can appeal to the Refugee Appeal Division (RAD) by hiring an independent, certified translator to review the hearing audio and submit a corrected transcript proving the mistakes changed the outcome of your case.
Telling your story to a judge at the Immigration and Refugee Board of Canada (IRB) is one of the most stressful moments of your life . Whether your hearing takes place in Toronto, Montreal, or Vancouver, you are relying entirely on the government-provided interpreter to accurately translate your fear of persecution. Unfortunately, interpreters are human, and they can make devastating mistakes. A simple mistranslation of a date, a location, or the identity of your attackers can make the judge think you are lying, leading to a rejected refugee claim.
Canadian immigration law recognizes that you have a fundamental right to a fair hearing, which includes the right to a competent interpreter 📍. If the interpreter summarizes your answers instead of translating word-for-word, uses the wrong dialect, or misunderstands important cultural context, your defence lawyer can challenge the decision. Fighting a negative decision based on translation errors is highly technical, but it is a standard legal process that saves many families from deportation every year.
Step-by-Step Process in Canada to Fix Interpreter Errors
Correcting a translation mistake requires proof. You cannot simply tell the appeal board that the interpreter was bad; you must provide hard evidence showing exactly what was said and how it was misinterpreted. Here is how most applicants navigate this challenge.
Step 1: Raising an Objection During the Hearing
The best time to fix an error is the moment it happens . If you understand a little bit of English or French and realize the interpreter said the wrong thing, gently tell your lawyer or the RPD member immediately. Your lawyer will raise a formal objection on the record. The judge may stop the hearing, ask the interpreter to clarify, or even order a new interpreter for a future date. Waiting until after you lose your case makes the appeal much harder.
Step 2: Requesting the Official Hearing Audio
If your refugee claim is rejected and you believe bad translation was the cause, your first step is to obtain the official audio recording of the hearing 🎧. The IRB records every single RPD hearing. Your refugee lawyer will request this digital audio file to review the exact words spoken by you, the interpreter, and the judge.
Step 3: Hiring an Independent Certified Translator
You cannot translate the audio yourself, nor can your lawyer or family members do it . You must hire an independent, professionally certified translator (often registered with a provincial body like ATIO in Ontario or STIBC in British Columbia). This translator will listen to the specific parts of the audio where mistakes happened and produce a certified written transcript. This transcript will show the “Original Language,” the “IRB Interpreter’s Words,” and the “Correct Translation.”
Step 4: Submitting an Appeal to the RAD
Once you have the certified transcript, your lawyer will draft a legal argument and submit it to the Refugee Appeal Division (RAD) ⚠️. The legal argument will explain how the translation errors caused a “breach of natural justice” or led the RPD member to wrongly conclude you were not credible. If the RAD agrees that the mistakes were severe enough to ruin the fairness of your hearing, they will usually cancel the negative decision and order a brand new hearing with a different judge and a different interpreter.
Understanding Bad Translation vs. Fatal Errors
Not every small grammar mistake will win you an appeal. The RAD only cares about errors that actually hurt your case.
| Type of Error | Example Situation | RAD Appeal Outcome |
|---|---|---|
| Minor Grammar Issue | Interpreter says “he go to store” instead of “he went to the store.” | Will not win an appeal (no impact on credibility). |
| Omission of Key Facts | You mention a specific political group, but the interpreter leaves it out. | High chance of winning (changes your story). |
| Incorrect Terminology | Translating “police” as “military,” making your timeline seem false. | High chance of winning (causes credibility issues). |
| Wrong Dialect | Interpreter speaks a completely different regional dialect, causing confusion. | Strong grounds for a new hearing. |
How Much Does it Cost in Canada?
Appealing an RPD decision based on translation errors can be an expensive, unexpected burden for a refugee claimant:
- Audio Request: The IRB generally provides the audio recording for $0 CAD to the claimant or their counsel.
- Independent Translator Fees: Certified translators charge by the minute of audio or by the word. Producing a certified transcript of a 20-minute argument can cost $300 to $800 CAD.
- Lawyer Fees for the RAD Appeal: Hiring a law firm to review the audio, prepare the legal arguments, and file the RAD appeal typically costs between $3,500 and $6,000 CAD.
How Long Does the Process Take?
Appealing a refugee decision requires strict adherence to federal deadlines:
- Notice of Appeal: You have exactly 15 days from the day you receive the written negative RPD decision to file a Notice of Appeal to the RAD.
- Submitting the Record: You have 45 days (from the day you received the decision) to submit your full appeal record, including the new certified transcripts.
- RAD Decision Time: The RAD standard processing time is approximately 90 days once the record is complete, though backlogs in 2026 can extend this to 5 or 6 months.
Frequently Asked Questions (FAQ)
Can I bring my own interpreter to the RPD hearing?
No. By law, the IRB must provide their own accredited interpreter to ensure neutrality. However, you can bring an independent observer or your lawyer can monitor the translation if they speak your language.
What happens if the RAD agrees the interpreter was terrible?
Usually, the RAD will quash (cancel) the negative decision and send your case back to the RPD for a “de novo” hearing. This means you get a completely fresh start with a new judge and a new interpreter.
What if I didn’t realize the mistake until I read the decision?
This is very common. Many claimants only realize there was a translation error when they read the judge’s reasons for refusal and see facts they never actually said. You can still raise the issue at the RAD by proving the error through the audio recording.
Will Legal Aid cover the cost of the independent translator?
If you are approved for a Legal Aid certificate in your province (like Legal Aid Ontario or Legal Aid BC) for a RAD appeal, they will usually cover the cost of necessary disbursements, including certified translation services.
Does a bad translation mean I will definitely win my appeal?
Not necessarily. If the judge refused your claim for five different reasons, and the translation error only explains one of those reasons, the RAD might still uphold the refusal based on the other four issues.
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