The Supreme Court has determined that judicial review and constitutional redress proceedings can be addressed concurrently in a case concerning the detention of six members of Grace Road.
On August 31, 2023, following notifications from Interpol, diplomatic communications from the Government of Korea, and input 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 individuals from Grace Road have been in detention for nearly a year without any charges or trial, posing a serious threat to their personal liberty.
He highlighted the dangers of procedural complications detracting from the central issues of the case and criticized the Court of Appeal’s decision to consider the habeas corpus proceedings separately. Justice Arnold expressed that all matters should have been handled together in the High Court.
Although the opportunity to address the habeas corpus proceedings separately has passed, he emphasized that it is still feasible for the judicial review and constitutional redress proceedings to be considered alongside each other.
Furthermore, Justice Arnold remarked that when these proceedings are eventually considered, it is crucial for the judge to remain focused on the essential merits of the challenges rather than being sidetracked by arguments related to prior judgments or procedural abuse.