Arrest of asylum seeker was valid where there was settled intention to deport the applicant within the statutory time period

Criminal law – appeal of High Court refusal to order Article 40 release – asylum and immigration – Office of the Refugee Applications Commissioner recommended the refusal of the applicant’s claim for refugee status – deportation order – application for subsidiary protection was refused – arrest conferred by s. 5 of the Immigration Act 1999 – arresting officer suspected that the applicant had failed to comply with the terms of a deportation order or the requirements of a notice addressed to him under s. 3(3)(b)(ii) of the 1999 Act – whether there is a settled intention on the part of the authorities to deport the applicant within the 8 week time limit prescribed by s. 5(6)(b) of the 1999 Act – Article 5(2) of the European Communities (Free Movement of Persons) Regulations 2015 – Citizens’ Rights Directive, Directive 2004/38/EC – the mere fact that the applicant has applied for the status of a qualifying family member cannot in and of itself interrupt the smooth operation of the deportation process by conferring on such an applicant the right to remain in the State pending the determination of that application – applicant remains in lawful custody – there is a settled intention to deport the applicant within the statutory time period – appeal dismissed.