The Supreme Court has decided that judicial review and constitutional redress proceedings can be addressed simultaneously in a case concerning the detention of six members of Grace Road.
On August 31, 2023, after receiving Red Notices from Interpol, diplomatic communications from the Government of Korea, and advice from a Task Force, the Minister for Home Affairs and Immigration labeled 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 individuals from Grace Road have been in custody for nearly a year without facing charges or a trial, putting their personal liberty at significant risk.
He expressed concern that procedural complications could detract from the critical issues in the case and mentioned that it was a mistake for the Court of Appeal to insist that the habeas corpus proceedings be handled separately.
Justice Arnold contended that all proceedings in the High Court, including judicial review and constitutional redress, should have been managed concurrently. While he acknowledged that the opportunity for simultaneous hearings regarding the habeas corpus proceedings has passed, he emphasized that it is still feasible for the judicial review and constitutional redress to be addressed together.
Additionally, he remarked that when these proceedings are finally considered, it is crucial for the judge to remain focused and not be sidetracked by arguments related to res judicata and abuse of process tied to the previous habeas corpus proceedings and judgment, although those arguments must still be addressed appropriately. The merits of the challenges should be thoroughly examined as well.