Shu Shin Luh

Year of Call: 2006

"One of the best public law juniors around, she's ferociously hard-working and startlingly clever."

Chambers UK, 2019

"Works at break-neck speed and quickly gets to the nub of the issue."

Legal 500, 2019

"She stands out as unparalleled in her knowledge, expertise and enthusiasm in all matters."

Chambers UK, 2019

"She is extremely thorough and has excellent attention to detail and great client care. She has a very human approach with particularly vulnerable and traumatised young clients."

Chambers UK, 2019

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Shu Shin's practice has a strong human rights and anti-discrimination focus. Her expertise spans the public and private law arenas. She is equally at home in cases of public importance and in complex trials that require mastery of evidence and cross-examination.

Shu Shin's expertise covers a broad range of subject matters including mental health and mental capacity, health care, social welfare, education, housing, trafficking, immigration and asylum. She aims to act for her clients in a comprehensive way, advising where possible on the full range of legal issues impacting on different aspects of their lives in the context of judicial review, statutory appeals, civil actions against public authorities, immigration and asylum appeal as well as in Court of Protection proceedings where applicable. This depth of experience enables her to have a truly creative approach to cases.

Shu Shin is committed to civil legal aid and to individuals having effective access to legal remedies. Her core client groups include disabled children, separated / unaccompanied children, migrant families subject to immigration control, the mentally ill and mentally incapacitated, victims of torture and victims of trafficking.

Shu Shin also acts for organisations as claimants and interveners. Organisations include Medical Justice, Shelter, Liberty, Statewatch, Anti-Slavery International, Just for Kids Law, Project 17, Coram Children's Legal Centre and ATLEU (Anti-Trafficking and Labour Exploitation Unit). She is on the panel of counsel for the Equality and Human Rights Commission. She also regularly undertakes advisory work for NGOs and governmental organisations on legal policy development and draft legislation.

Administrative and Public Law

Overview

Shu Shin has an extensive public law practice with a strong human rights and EU law focus. She acts for a broad range of individuals across key public law areas including community care, education, prison law, immigration and asylum, mental health and healthcare. She also acts for NGOs as claimants and interveners in public interest litigation. Her public law casework has materially contributed to changes to policy and practice for groups of vulnerable individuals.

Notable Cases

R (DA and Ors) v Secretary of State for Works and Pension [2018] EWCA 504, acting for the intervener Shelter in a successful challenge to the revised benefits cap being unlawfully discriminatory against lone parents with children under two and children under two. This case was appealed to the Supreme Court and heard with a linked case of R (DS and Ors) v SSWP. Judgment is pending.

R (A and B) v Criminal Injuries Compensation Scheme and Lord Chancellor [2018] EWCA Civ 1534, acting for twin brothers who are victims of modern slavery barred from accessing the Criminal Injuries Compensation Scheme because of historic unspent criminal convictions. The challenge is to whether the CIC scheme complies with the requirement of effective access for trafficked victims to compensation under Article 17 of the EU Anti-Trafficking Directive and Articles 4 and 14 ECHR. Permission to appeal is being sought to the Supreme Court.

R (Against Borders for Children) v Secretary of State for Education, acting for the Claimant, a group of concerned members of the public, in a challenge to the Education Secretary's systemic collection of children's nationality and country of birth data as part of the school census as being in breach of data protection principles under EU and domestic law. Further to the litigation, the Education Secretary decided in May 2018 to cease collection of such data in future school census.

R (Medical Justice and 7 Ors) v Secretary of State for the Home Department [2017] EWHC 2461 (Admin), acting as led junior for Medical Justice and two others in a successful judicial review on the legality of the use of the definition of torture under the UN Convention against Torture for the purposes of determining vulnerable adults at risk and unsuitable for immigration detention.

R (CXF) v Central Bedfordshire Council and Anr [2017] EWHC 2311 (Admin), acting for the Claimant, a mentally ill and incapacity young man in a judicial review considering whether the duty to provide after-care services arise in respect of a mental health patient given temporary leave of absence from hospital. This judgment is on appeal with the substantive appeal being heard on 5 / 6 December 2018.

R (ATLEU) v the Lord Chancellor (2016), acting for the Anti-Trafficking and Labour Exploitation Unit (ATLEU) in a challenge to the failure of the Lord Chancellor to make sufficient provision of legal aid to enable victims of trafficking and modern slavery to access legal advice and assistance for compensation claims against their traffickers. The claim settled before trial resulting in the Lord Chancellor agreeing to carry out a review of the legal aid provisioning in this area. The review resulted in the Legal Aid Agency putting out for tender a 'mini-contract' specific to trafficking compensation claims with more than 30 firms now having an additional 400 matter-starts in this area.

R (JM and Ors) v SSHD [2015] EWHC 1331 (Admin); R (PU and Ors) v SSHD (20 July 2015), acting as led first junior for four of seven lead claims on the lawfulness of the operation of the Detained Fast Track process in respect of potential victims of torture and trafficking. This litigation, directed at the unacceptable risks of unfairness inhering in the DFT decision-making process, led to the Immigration Minister's suspension of the DFT on 2 July 2015.

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Civil Liberties and Human Rights

Overview

Shu Shin has considerable experience in private law claims and associated claims under the Human Rights Act 1998 against public authorities, including the Home Office and their subcontractors, local authorities, schools and health authorities. In the context of trafficking and modern slavery, Shu Shin has acted for individuals in claims against traffickers and companies in the supply chain. In the context of children's rights, Shu Shin has expertise in negligence claims as well as claims brought under the Equality Act 2010 on behalf of disabled children and their families.

Shu Shin is experienced in public interest litigation, particularly in relation to immigration detention and historic abuse cases. She also has experience of advising and acting in applications before the European Court of Human Rights, the Court of Justice of the European Union and before UN and other international human rights bodies.

Notable Cases

VCL v United Kingdom (App No 77587/12) and AN v United Kingdom (App No 74603/12) acting for the intervener Liberty in two cases involving victims of child trafficking who were prosecuted for cannabis cultivation in circumstances where their criminality was linked with their exploitation. This will be the first opportunity for the European Court of Human Rights to examine the extent to which Article 4 ECHR requires member states to implement specific measures for the non-punishment of defendants who are recognised victims of trafficking. Both applications were communicated to the UK Government in the summer of 2018.

R (AJS and AJU) v Secretary of State for the Home Department (CO/88/2018), acting for a father and daughter in a successful judicial review challenging the Home Secretary's detention of AJS, the father, causing him to be separated from his 3-year old daughter in breach of clear policies on family separation in detention, and putting the child at risk of being adopted and permanently separated. In settling the claim, the Home Secretary made public admissions of liability for the unlawful detention, unlawful separation and a breach of the father and child's Article 8 rights. Damages awarded were made public with a Statement of Reasons, which can be found here: Home Office admits it unlawfully detained and separated a father from his daughter, who remained in care and at imminent risk of adoption.

Chowdury v Greece [2017] ECHR 300 acting for the intervener Anti-Slavery International in a landmark victory establishing that the wide scope of the definition of forced labour for the purposes of Article 4 ECHR includes those who are controlled by their exploiters notwithstanding ability to have limited free movement.

D and Ors v Greece and ors (App No. 14165/16) acting for the intervener, Statewatch, in respect of a claim regarding the detention of and reception conditions for five unaccompanied minors going through the Greek asylum process and whether the closure of the Balkan route by neighbouring member-states constitutes a breach of Articles 3 and 8 ECHR. Application has been communicated to the named member-states.

XEM v Home Office [2016] EWHC 2622 (QB), successfully resisting an application to strike-out on grounds of abuse of power of a false imprisonment and Article 4 claim brought on behalf of a victim of trafficking. This is the first case applying the guidance in BA (Nigeria) v the Home Office where previous judicial review claims raise similar issues to the private law claim.

Home Office v VS [2015 EWCA 1142 acting for an age-disputed child in establishing the correct interpretation of Home Office policies relating to the detention and interviewing of unaccompanied asylum seeking children at port and the procedures that the Home Office is required to adopt before treating an age-disputed child as over 18.

R (AA) v SSHD [2013] UKSC 49, on whether the SSHD's duty under section 55 Borders, Citizenship and Immigration Act 2009 requires her to be satisfied of the objective fact of a child's age prior to exercising the power to detain. The relevant statutory detention powers have since been amended.

A v Essex County Council [2010] UKSC 33, on nature and ambit of right to education under Article 2 Protocol 1 for severely disabled children out of education for more than 18 months. The case was admitted by the European Court of Human Rights and subject to a friendly settlement.

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Community Care / Education

Overview

Shu Shin is an established practitioner in community care and education law. She also acts in the Court of Protection on behalf of P or family members particularly where there are connected judicial review proceedings or private law claims. Her work in advancing the rights of vulnerable children earned the Legal Aid Lawyer of the Year award in 2012. She is a contributor to the Garden Court Social Welfare Bulletin.

Her casework has influenced policy change at the local and central government levels in the context of decision making relating to homeless families, access to services by disabled children, weekly rates of financial support to children in need and their families, fair access to education funding for migrant care leavers and procedural safeguards in age assessments of disputed unaccompanied asylum-seeking children.

Recently, Shu Shin's casework led to three local authorities withdrawing their eligibility criteria for services for disabled children on grounds that the policies directly discriminated against certain cohorts of disabled children.

Notable Cases

R (DA and Ors) v Secretary of State for Works and Pension [2018] EWCA 504, acting for the intervener Shelter in a successful challenge to the revised benefits cap being unlawfully discriminatory against lone parents with children under two and children under two. This case was appealed to the Supreme Court and heard with a linked case of R (DS and Ors) v SSWP. Judgment is pending.

R (CXF) v Central Bedfordshire Council and Anr [2017] EWHC 2311 (Admin), acting for the Claimant, a mentally ill and incapacity young man in a judicial review considering whether the duty to provide after-care services arise in respect of a mental health patient given temporary leave of absence from hospital. This judgment is on appeal with the substantive appeal being heard on 5 / 6 December 2018.

R (C,T, M, U) v LB of Southwark [2016] EWCA Civ 707 acting for the intervener, Coram Children Legal Centre, on the lawfulness of a local authority policy on subsistence pay for families subject to immigration control.

Nzolameso v City of Westminster [2015] UKSC 22 acting for the intervener, Shelter on the nature and ambit of the duty to safeguard children's welfare under section 11, Children Act 2004 in the housing authority's discharge of homelessness duties under Part 7 of the Housing Act 1996.

R (PO and Ors) v LB of Newham [2014] EWHC 2561 (Admin), a successful challenge to the local authority's policy on setting subsistence rates for families subject to immigration control. The policy was withdrawn as a consequence of the judgment.

R (FZ) v LB of Croydon [2011] EWCA Civ 59, acted as sole junior in the first instance and led junior on appeal, setting down the established test for permission in age assessment judicial review claims.

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Trafficking and Modern Day Slavery

Overview

Shu Shin is particularly well known for her expertise in the area of anti-trafficking and modern slavery and is regularly asked to advise individuals and organisations on individual and legal policy matters. She acts for individuals in judicial review challenges to disputes over their status as victims of trafficking, the level of support and other rights to protection by the state. She also acts for individuals in private law claims for compensation against public authorities, companies and traffickers. She has been involved in key cases on the nature and scope of the prohibition against slavery under Article 4 ECHR both at the domestic and international levels.

In 2016, Shu Shin acted for ATLEU in a successful judicial review challenge to the insufficient provision of legal aid for victims of trafficking to seek advice and assistance on bringing compensation claims against their traffickers. The litigation led to the Legal Aid Agency providing additional matter-starts to legal aid contract holders specifically for the purposes of advising on such claims.

During the Modern Slavery Act 2015, Shu Shin provided legal advice on the protection obligations of the UK to leading NGOs and the Equality and Human Rights Commission. She has also given written and oral evidence before the All-Party Parliamentary Group on Human Trafficking and is regularly invited to speak on legal policy issues relating to modern slavery by leading NGOs in the UK and at the EU level. Shu Shin is part of the lawyers' network run by the EU's Group of Experts against Trafficking in Human Beings (GRETA).

Notable Cases

R (A and B) v Criminal Injuries Compensation Scheme and Lord Chancellor [2018] EWCA Civ 1534, acting for twin brothers who are victims of modern slavery barred from accessing the Criminal Injuries Compensation Scheme because of historic unspent criminal convictions. The challenge is to whether the CIC scheme complies with the requirement of effective access for trafficked victims to compensation under Article 17 of the EU Anti-Trafficking Directive and Articles 4 and 14 ECHR. Permission to appeal is being sought to the Supreme Court.

VCL v United Kingdom (App No 77587/12) and AN v United Kingdom (App No 74603/12) acting for the intervener Liberty in two cases involving victims of child trafficking who were prosecuted for cannabis cultivation in circumstances where their criminality was linked with their exploitation. This will be the first opportunity for the European Court of Human Rights to examine the extent to which Article 4 ECHR requires member states to implement specific measures for the non-punishment of defendants who are recognised victims of trafficking. Both applications were communicated to the UK Government in the summer of 2018.

R (XYL) v SSHD [2017] EWHC 773, acting for a victim of trafficking in a partly successful unlawful detention claim where it was held unlawful for the SSHD to continue to detain a victim pending an NRM investigation into her trafficking circumstances. Permission to appeal applied for (and pending) in respect of the Judge's interpretation of the scope of positive obligations to investigate under Article 4 ECHR and when it is triggered.

R v VSJ and ors [2017] EWCA Crim 36, acting for the intervener Anti-Slavery International on the compliance of the common law defence of duress with the UK's international obligations under the Council of Europe Convention on Action against Trafficking in Human Beings on the non-punishment of victims of trafficking whose crimes are connected with their exploitation.

Chowdury v Greece [2017] ECHR 300 acting for the intervener Anti-Slavery International in a landmark victory establishing that the wide scope of the definition of forced labour for the purposes of Article 4 ECHR includes those who are controlled by their exploiters notwithstanding ability to have limited free movement.

R (MVN) v LB of Greenwich [2015] EWHC 1942 (Admin) on the correct approach to assessment of credibility in an age assessment of a child victim of trafficking.

R v L and Ors [2013] EWCA Crim 991, acting for the Equality and Human Rights Commission on the correct approach of the criminal courts to determining an application for a stay of criminal proceedings for abuse of process in the case of a defendant whose crime is connected with his exploitation.

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Immigration and Asylum

Overview

Shu Shin combines her public law and private law expertise in her immigration and asylum practice. She is known in particular for acting for unaccompanied children, mentally ill and incapacitated adults and victims of torture and trafficking in complex individual and public interest litigation challenges relating to their treatment by the state.

Having acted successfully for Medical Justice and two individual in a challenge to the torture definition introduced by the Home Secretary in 2016 in the light of the Adults at Risk policy, Shu Shin is currently acting for Medical Justice again in a second judicial review challenge to a revised definition of torture introduced in July 2018 in the light of the previous litigation. Permission was granted by Moulder J on 12 September 2018 with a direction for an expedited substantive hearing later this year.

Notable Cases

R (AJS and AJU) v Secretary of State for the Home Department (CO/88/2018), acting for a father and daughter in a successful judicial review challenging the Home Secretary's detention of AJS, the father, causing him to be separated from his 3-year old daughter in breach of clear policies on family separation in detention, and putting the child at risk of being adopted and permanently separated. In settling the claim, the Home Secretary made public admissions of liability for the unlawful detention, unlawful separation and a breach of the father and child's Article 8 rights. Damages awarded were made public with a Statement of Reasons which can be found here: Home Office admits it unlawfully detained and separated a father from his daughter, who remained in care and at imminent risk of adoption.

R (Medical Justice and Ors) v SSHD [2017] EWHC 2461 (Admin), acting as led junior for Medical Justice and two others in a successful judicial review on the legality of the use of the definition of torture under the UN Convention against Torture for the purposes of determining vulnerable adults at risk and unsuitable for immigration detention.

R (Zafar) v SSHD [2016] EWHC 1217, successful judicial review challenge on behalf of a mentally ill victim of torture who was unlawfully included in the Detained Fast Track process. His detention was declared to be unlawful from the outset and the refusal and certification of his asylum claim was quashed and directed to be reconsidered afresh on grounds of procedural fairness.

R (ZA) (Mauritius) v SSHD [2016] EWHC 2833 (Admin) acting for a claimant in a successful claim overturning the SSHD's decision to certify an asylum seeker's claim as clearly unfounded because of a sufficiency of state protection if she was returned to Mauritius, where she feared ill-treatment from her relatives for abandoning her husband, who she had been forced to marry.

Home Office v VS [2015] EWCA Civ 1142, successfully defending an appeal against a first instance success on the interpretation of the SSHD's policy on detaining age disputed children. Acted as sole junior at trial in the QBD and acted as led first junior in linked appeals.

R (JM and Ors) v SSHD; R (PU and Ors) v SSHD (2 July 2015, 20 July 2015), acting as led first junior for four of seven test claims on the lawfulness of the operation of the Detained Fast Track process in respect of potential victims of torture and trafficking. This litigation was directed at the inclusion into the DFT up to asylum determination (as opposed to the Detention Action cases on the appeal process). This litigation led to the suspension of the DFT on 2 July 2015.

R (TH and Ors) v SSHD [2016] EWHC 1331 (Admin); [2016] EWCA Civ 815, acting as led first junior for three of four test claimants in challenging the revised detained asylum process post-suspension of the DFT. Established that the new scheme breached section 149 of the Equality Act 2010 and succeeded substantively in the individual claim of one test claimant, TCV, who was a victim of trafficking.

R (AA) v SSHD [2013] UKSC 49, acting as led junior (sole junior in the first instance) on whether the SSHD's duty under section 55 Borders, Citizenship and Immigration Act 2009 requires the SSHD to be satisfied of the objective fact of a child's age prior to the exercise of the power to detain. The relevant statutory detention powers have since been amended such that the detention of a child (whether age disputed) can found a false imprisonment claim.

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What others say

Shu Shin has been ranked in the Chambers UK Bar Guide since 2012 and in the Legal 500 since 2014.

She is ranked in the areas of administrative and public law, civil liberties and human rights, community care and education, where she has been described by solicitors and other barristers as:

"One of the best public law juniors around, she's ferociously hard-working and startlingly clever." "Astonishingly quick and really cares about her clients." "Very bright and committed."
Chambers UK 2019, Administrative and Public Law

"Her written work is really good and she is an effective advocate who is always looking to push boundaries."
Chambers UK 2019, Civil Liberties and Human Rights

"She stands out as unparalleled in her knowledge, expertise and enthusiasm in all matters." "She is extremely thorough and has excellent attention to detail and great client care. She has a very human approach with particularly vulnerable and traumatised young clients."
Chambers UK, 2019, Community Care

"She is great at handling cases involving vulnerable children."
Chambers UK 2019, Education

"Works at break-neck speed and quickly gets to the nub of the issue."
Legal 500 2019, Court of Protection and Community Care

"She is a first-class barrister with an exemplary work ethic."
Legal 500 2019, Education

"Competent particularly in cases with a complex crossover of trafficking/immigration issues."
Legal 500 2019, Civil Liberties and Human Rights

"She drafts very well and is extremely thorough and hard-working... She is incredibly tenacious and determined. She has expert knowledge in migrant rights issues and is committed to achieving the best outcome for clients."
Chambers UK 2018, Administrative and Public Law

"As soon as she came on board, the case was strengthened....With her it's not just about the law or helping one individual client; she's genuinely committed to the whole area and to getting civil society engaged on the issues."
Chambers UK 2018, Community Care

"Shu Shin is second to none in terms of work where there is overlap between social care duties and immigration law elements. Her knowledge of the law across different areas affecting clients is exceptional and means that action can be taken very quickly and practically."
Chambers UK 2018, Education

"Extremely thorough and hardworking with a knack for good drafting."
Legal 500 2017, Civil Liberties

"Extremely thorough and hardworking."
Legal 500 2017, Court of Protection and Community Care

"She fights every corner for the clients and is very dedicated to upholding young people's rights."
Legal 500 2017, Education

"An exceptionally clever barrister who is incredibly quick, and has excellent judgement and instincts. A totally safe pair of hands. She is always about five steps ahead of you, which can be disconcerting but helpful." "Passionate, committed and a real fighter." "Exemplary work ethic. Due to her expertise in a number of areas, she is able to advise on complex cases arising from the interrelationship between numerous areas of law."
Chambers UK 2017, Administrative and Public Law

"She is very, very good." "She takes the points and is not fazed at all - she's tough."
Chambers UK 2017, Community Care

"Very clever and hardworking; she brings an innovative approach to difficult cases."
Legal 500 2016, Civil Liberties and Human Rights

"She will not concede defeat while there is a glimmer of hope left."
Legal 500 2016, Education

"She's very engaged, organised, thorough and able to turn work around very quickly." "She is determined, committed and a real fighter."
Chambers UK 2016, Administrative and Public Law

"She's got a lot of knowledge and works hard." "She is very passionately committed to this area."
Chambers UK 2016, Community Care

"She is very good, and great at turning things around very quickly. Her advice is always client-oriented and practical." "Very approachable, she has excellent knowledge of SEN."
Chambers UK 2016, Education

"She has fantastic attention to detail, and is quick to respond and to get work done."
Legal 500 2015, Civil Liberties and Human Rights

"She will leave no stone unturned in fighting for her client."
Legal 500 2015, Education

Shu Shin is "noted for her experience in matters relating to human trafficking." "She really cares about the cases she does and always turns round work of a very high standard." "She is industrious and intelligent, and will only get better and better."
Chambers UK 2015, Administrative and Public Law

A "rising junior with a broad community care practice, who receives praise for her tenacious approach. She specialises in the overlap between children's law and complex immigration matters." "A highly intelligent barrister with a really impressive approach to finding new ways to push the boundaries of the law." "Very knowledgeable and approachable, she gets good results and really cares about the outcome for the client."
Chambers UK 2015 Community Care

"Experienced in education matters relating to public and community care law. She is particularly strong on cases concerning disabled children and SEN." "Very committed and hard-working, she is always approachable and gives good practical advice."
Chambers UK 2015, Education

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Background

Shu Shin was born and raised in Hong Kong and Taiwan. Prior to coming to the Bar, she worked as a part-time campaign assistant on the China Team of Amnesty International, where she investigated links between trade and human rights in China. Prior to that, she was a journalist for the Washington Post, the Wall Street Journal and the Chicago Sun-Times in the US and in southeast Asia and China. She won several awards for investigations into detention of children in asylum care in the US, deaths arising from officer-involved shootings and price-fixing among grocery conglomerates. Around southeast Asia and China, she reported on labour and corporate management issues, particularly in the context of human rights, corporate social responsibility and the use of child and sweatshop labour. In 2003, she published Business the Sony Way (John Wiley & Sons). In 2005, she published The People of China (Mason Crest Publishing) and The Economy of China (Mason Crest Publishing).

Shu Shin speaks fluent Mandarin Chinese and Cantonese and basic Japanese.

Publications

Shu Shin is a General Editor of MacDonald's Immigration Law and Practice. She is co-author of the forthcoming Legal Action Group publication, Migrant Support Handbook (to be published in November 2019) She is also a contributing author to several key practitioners' texts, including Human Trafficking and Modern Slavery, Law and Practice (Bloomsbury) and the forthcoming Child Migration: International Family and Immigration Laws (Bloomsbury).

Awards

Shu Shin won the Young Legal Aid Lawyer of the Year award in 2012. She was the beneficiary of Middle Temple's Benefactor's Scholarship which generously funded her legal education and training.

Latest News

High Court strikes down Home Office decision to cut support for victims of trafficking and modern slavery

Shu Shin Luh of Garden Court Chambers represented K, the lead Claimant, led by Nathalie Lieven QC of Blackstone Chambers and instructed by Nusrat Uddin of Wilsons Solicitors LLP.

8 November 2018

Subsistence cuts for Victims of Trafficking

Shu Shin Luh is instructed by Nusrat Uddin of Wilsons Solicitors, and led by Nathalie Lieven QC of Blackstone Chambers.

29 October 2018

Subsistence payments restored for victim of trafficking following High Court ruling against Home Office application to discharge order for interim relief

Shu Shin Luh represented the claimant (M) instructed by Nusrat Uddin of Wilson Solicitors LLP.

18 October 2018

We will continue to challenge the ‘hostile environment’ policy, whatever name the government gives it

This article was originally published in the October Legal Action editorial.

16 October 2018

Home Office admits it unlawfully detained and separated a father from his daughter, who remained in care and at imminent risk of adoption

The father and daughter are represented by Stephanie Harrison QC and Shu Shin Luh of Garden Court Chambers.

11 July 2018

Judy Khan QC, Maya Sikand, Joanne Cecil and Shu Shin Luh shortlisted for Legal 500 Bar Awards 2018

Garden Court is delighted to announce that four of our barristers have been shortlisted for the Legal 500 Bar Awards 2018.

27 November 2017

Statutory guidance on adults at risk under scrutiny

Following the judgment in Medical Justice and others, Shu Shin Luh of Garden Court Chambers says it is inevitable that the statutory guidance will need to be reviewed.

6 November 2017

High Court rules Government redefinition of torture in immigration detention policy is unlawful

Stephanie Harrison QC and Shu Shin Luh of Garden Court Chambers represented Medical Justice and two victims of gender based violence.

10 October 2017

In the shadow of Brexit: Anti-Slavery Day 2017

In October’s edition of Legal Action Magazine, Shu Shin Luh and Silvia Nicolaou Garcia consider what progress has been made in abolishing modern-day slavery in the UK, seven years on from the first Anti-Slavery Day.

6 October 2017

ECPAT report finds no national process for identifying and recording missing child victims of trafficking

Shu Shin Luh of Garden Court Chambers contributed to the report.

21 August 2017

The Garden Court Chambers Housing Team respond to the consultation of Terms of Reference of the Grenfell Tower Inquiry

The Grenfell Tower Inquiry has called for responses to the consultation of Terms of Reference.

3 August 2017

Inquiry into unaccompanied and separated minors in Europe

Written and oral evidence was submitted by Garden Court Chambers.

17 July 2017

Revised benefit cap unlawfully discriminates against lone parents with children under two, High Court rules

Shu Shin Luh and Connor Johnston were instructed by Freshfields Bruckhause Deringer for the intervener, Shelter.

22 June 2017

Unlawful detention of victim of trafficking

Shu Shin Luh of Garden Court Chambers acted for the claimant.

19 April 2017

European Court of Human Rights rules Bangladeshi migrants were subjected to forced labour and human trafficking and did not receive effective protection from Greece

Kathryn Cronin and Shu Shin Luh of Garden Court Chambers represented one of the interveners, Anti-Slavery International.

30 March 2017

Important Court of Appeal judgment for victims of human trafficking

A number of defendants and the intervener were represented by counsel from Garden Court Chambers.

15 February 2017

Garden Court and Stephanie Harrison QC shortlisted for Human Rights and Public Law awards

Garden Court has been shortlisted at the Chambers Bar Awards, whilst Stephanie and our Public Law Team are shortlisted at the Legal 500 Awards.

21 October 2016

Court of Appeal disapproves of ‘destitution’ as threshold for support for migrant children and families

Shu Shin Luh of Garden Court Chambers acted for the intervener, Coram Children's Legal Centre.

13 July 2016

State Watch granted permission to intervene in SH.D. and Others v Greece and Ors.

Ronan Toal and Shu Shin Luh of Garden Court Chambers are instructed by State Watch.

13 July 2016

High Court declares Secretary of State failed to have due regard to equality duties in considering asylum claims in detention

The claimants were represented by Stephanie Harrison QC, Shu Shin Luh, Anthony Vaughan and Gráinne Mellon of Garden Court.

7 June 2016

High Court strikes down unfair asylum decision of vulnerable torture victim made in the Detained Fast Track

The claimant was represented by Shu Shin Luh of Garden Court Chambers.

25 May 2016

MoJ agrees to review legal aid in trafficking and labour exploitation cases

Shu Shin Luh is a member of the Garden Court Chambers Administrative and Public Law Team.

21 March 2016

Court of Appeal rules Home Office acted unlawfully by detaining Iranian child seeking asylum

The child was represented by Stephanie Harrison QC and Shu Shin Luh of Garden Court Chambers.

6 November 2015

Chambers UK Bar Guide ranks Garden Court in Band 1

Garden Court Chambers recognised as a leading set for immigration, social housing, civil liberties, police law, Court of Protection, crime and inquests and public inquiries.

30 October 2015

High Court declares that Home Office asylum system fails to protect victims of trafficking, is discriminatory and breaches their human rights

Stephanie Harrison QC and Shu Shin Luh of Garden Court Chambers brought this test litigation.

20 July 2015

Court of Appeal to consider Home Office obligations when detaining age disputed children under immigration powers

The Court of Appeal will consider the obligations owed by the Home Office when detaining children who are age disputed. Garden Court Chambers is representing the families.

14 July 2015

High Court declares correct age of child victim of trafficking and gives guidance on assessing credibility

The claimant was represented by Shu Shin Luh of Garden Court Chambers.

10 July 2015

Home Office defeated again at the High Court over fast-track asylum process

The Immigration Minister has announced the suspension of the detained fast track asylum process. The announcement was in response to test cases brought by Garden Court Chambers.

3 July 2015

Destitute children: the Court of Appeal grants permission to appeal

Stephen Knafler QC is representing the destitute child and her family. Shu Shin Luh has been instructed to intervene by Coram Children's Legal Centre.

13 May 2015

Supreme Court highlights concern for children's welfare in judgment handed down today

Shu Shin Luh was instructed by Freshfields Bruckhaus Deringer for Shelter Children's Legal Service.

2 April 2015

Supreme Court calls a halt to the exporting of a homeless family

In recognition of the seriousness of the case, the Supreme Court has announced its decision to halt the export of the homeless family immediately

20 March 2015

Garden Court barristers appointed as panel counsel to the Equality and Human Rights Commission (EHRC)

4 March 2015

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Education

  • Yale University, BA in History and Politics (Cum Laude)
  • London School of Economics, MSc in Human Rights (Distinction)

Professional Membership

  • Administrative Law Bar Association (ALBA)
  • Human Rights Lawyers Association (HRLA)
  • Immigration Law Practitioners' Association (ILPA)
  • Education Law Association (ELAS)

Languages

  • Chinese (Mandarin and Cantonese)
  • Basic Japanese

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