The Supreme Court has decided that judicial review and constitutional redress proceedings can be handled simultaneously in the case concerning the detention of six members of Grace Road.
On August 31, 2023, after receiving Red Notices from Interpol, diplomatic communications from the South Korean government, and guidance 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 highlighted the critical issue of personal liberty during his ruling on August 29, noting that two of the Grace Road members have been held in custody for almost a year without any charges or trial.
He remarked, “Procedural complications could detract from the key issues at stake in this case, and should be avoided.” Justice Arnold criticized the Court of Appeal’s decision to handle the habeas corpus proceedings separately, stating, “It was unwise to direct that those proceedings be treated as standalone.” He emphasized that all matters in the High Court, including judicial review and constitutional redress, should have been addressed together.
Although it’s too late to combine the habeas corpus proceedings, Justice Arnold believes that it is still timely to consider the judicial review and constitutional redress proceedings together. He also indicated that during the hearings, it is crucial for the judge to stay focused on the merits of the case, rather than being distracted by arguments regarding past judgments or procedural abuses. “Any arguments presented in this context must be heard, but the substantive merits should also be thoroughly examined.”