The Supreme Court has determined that a judicial review and constitutional redress proceedings can be handled together in a case involving the detention of six members of the Grace Road group.
On August 31, 2023, after receiving Red Notices from Interpol, diplomatic communications from the Government of Korea, and recommendations from a Task Force, the Minister for Home Affairs and Immigration classified Sung Jin Lee, Nam Suk Choi, Byeong Joon Lee, Beomseop Shin, Jung Yong Kim, and Jinsook Yoon as prohibited immigrants.
Justice Terence Arnold highlighted in his ruling on August 29 that two of the Grace Road members have been held in custody for almost a year without any charges or trial, raising serious concerns about personal liberty.
He noted that procedural complexities could divert attention from significant issues related to the case and should be avoided. Additionally, Justice Arnold criticized the Court of Appeal for requesting that the habeas corpus proceedings be handled separately, arguing that all matters in the High Court, including judicial review and constitutional redress, should have been addressed concurrently.
Although the habeas corpus proceedings are now past, he emphasized that it is not too late for the other proceedings to be considered together. Justice Arnold also expressed the importance of keeping the focus on the merits of the challenges during the hearings and not allowing distractions from previous judgments related to habeas corpus.