The Supreme Court has determined that a judicial review and constitutional redress proceedings can be addressed simultaneously in the case concerning the detention of six members of Grace Road.
On August 31, 2023, 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 following the issuance of Red Notices from Interpol, diplomatic notes from the Government of Korea, and recommendations from a Task Force.
Justice Terence Arnold emphasized in his ruling on August 29 that “two of the Grace Road members have been held in custody for almost a year without charge or trial, putting their personal liberty at significant risk.”
He expressed concern that procedural complications might divert attention from the critical issues at hand and asserted that such complications should be avoided. Justice Arnold criticized the Court of Appeal for deciding that the habeas corpus proceedings should be handled independently, stating that all matters in the High Court, including judicial review and constitutional redress, should have been considered concurrently.
He acknowledged that while it is now too late for the habeas corpus proceedings, it is not too late to address the judicial review and constitutional redress proceedings together.
Furthermore, Justice Arnold noted that when these proceedings are finally heard, it is crucial for the judge to stay focused and not be sidetracked by any arguments regarding prior judgments connected to the habeas corpus case. He asserted that any arguments raised must be considered, but the substantial merits of the challenges should also be thoroughly examined.