Bagambiki v. Canada (Minister of Citizenship and Immigration)

IMM-2890-01

2001 FCT 17, McKeown J.

8/1/02

4 pp.

Judicial review of CRDD decision applicant not Convention refugee--Two hours into hearing applicant complaining not understanding translation--Hearing adjourned while new translator obtained--Mohammadian v. Canada (Minister of Citizenship and Immigration), [2001] 4 F.C. 85 (C.A.) holding interpretation must be "continuous, precise, competent, impartial, contemporaneous"; applicant not required to show suffered actual prejudice as result of breach of standard of interpretation; applicant must object to quality of interpretation before CRDD as condition of being able to raise quality of interpretation as ground for judicial review--Application allowed--Applicant raised matter at hearing at first appropriate time--Interpretation not precise--Errors not major but could have affected CRDD's findings with respect to credibility--Audit of three different five-minute segments during two hours of interpretation not sufficient to overcome requirement of precise, competent interpretation when affidavit from translator indicating errors--Breach of fairness by not having precise, competent translation.