Grace Road Fiji’s President Daniel Kim has filed an appeal against the decision made by the Lautoka High Court to strike out the Habeas Corpus.

A Habeas Corpus is a legal order that requires a person holding someone in custody to bring that individual before the court for a specific purpose.

This appeal follows the dismissal of the application by High Court judge Justice Lyone Seneviratne, who not only rejected the case but also ordered Kim to pay $3,000 to the Attorney General’s office.

Kim and the other directors’ solicitors claim that the dismissal was flawed and argue that the High Court does have the necessary jurisdiction.

The defense is requesting a fresh perspective on the case by involving a different judge and asking for the addition of any necessary court orders.

They are also pushing for the respondent to cover all associated costs, including those from the lower court.

The defense’s legal argument centers on the interpretation of Section 173(4)(d) of the Constitution, stating that it should not restrict the High Court’s jurisdiction, especially in cases challenging decisions made by the Minister for Home Affairs and Immigration, such as the one involving Jung Yong Kim.

They also assert that Section 13(2)(g) of the Immigration Act 2003 should not impede the possibility of judicial review if decisions made under the provision exceed legitimate jurisdiction.

In the meantime, the court has granted an interim stay for Kim until November 15th. According to Ronal Gordon, one of Kim’s lawyers, this decision is necessary to ensure that Kim and the other company directors remain available during the ongoing proceedings.

Previously, it was reported that Kim and other directors of Grace Road Company is on the deportation list, subject to an INTERPOL Red Notice.

These red notices, issued in July 2018 identify these individuals as fugitives wanted for prosecution.

In September 2018, the Korean Government officially nullified the passports of these seven individuals connected with the Grace Road cult and issued arrest warrants against them.