The Supreme Court has decided that a judicial review and constitutional redress proceedings can be handled together in the case concerning the detention of six members of Grace Road.
On August 31, 2023, the Minister for Home Affairs and Immigration identified 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 communications from the Government of Korea, and recommendations from a Task Force.
Justice Terence Arnold highlighted in his ruling on August 29 that two individuals from Grace Road have been held in custody for nearly a year without any formal charges or trial, posing a serious risk to personal liberty.
He emphasized that procedural complications could detract from the significant issues at stake in the case and should be avoided. Justice Arnold criticized the Court of Appeal’s decision to separate the habeas corpus proceedings and indicated that all relevant matters should have been considered concurrently in the High Court.
Although it is too late for the habeas corpus proceedings to be combined, Justice Arnold stated that the judicial review and constitutional redress proceedings could still be addressed together. He noted that during the hearing of these cases, it is crucial for the presiding judge to remain focused on the merits of the challenges posed, rather than getting sidetracked by arguments related to previous judgments or procedural issues.