The Supreme Court has determined that judicial review and constitutional redress proceedings can be addressed concurrently in a case involving the detention of six members of Grace Road.
On August 31, 2023, after receiving Red Notices from Interpol, diplomatic communications from the Government of Korea, and counsel from a Task Force, the Minister for Home Affairs and Immigration designated Sung Jin Lee, Nam Suk Choi, Byeong Joon Lee, Beomseop Shin, Jung Yong Kim, and Jinsook Yoon as prohibited immigrants.
Justice Terence Arnold noted in his ruling on August 29 that “two of the Grace Road individuals have been detained for nearly a year without any charges or trial, putting their personal liberty at serious risk.” He expressed concern that procedural complications could distract from the key issues at hand and criticized the Court of Appeal for deciding that habeas corpus proceedings should be handled separately.
“We should have addressed all proceedings in the High Court, including judicial review and constitutional redress, simultaneously,” Justice Arnold stated.
While he acknowledged that the opportunity to address the habeas corpus proceedings has passed, he emphasized that it is still possible to consider the judicial review and constitutional redress proceedings together. Justice Arnold also remarked on the need for the judge to remain focused during the eventual hearings, ensuring that the merits of the challenges are thoroughly examined, alongside any arguments related to res judicata and abuse of process connected with the habeas corpus proceedings.