Early prison release to undertake community work is not inconsistent with making of deportation order

Article 40 – habeas corpus – prisoner arrested on foot of a deportation order - wishes to apply for an enquiry into the legality of his detention – wife and four children (two of whom are Irish) are living in Ireland - reasons as to why he says that his detention is unlawful – convicted of drugs offences - released after four and a half years in custody - residence permit expired whilst in prison - Minister made a deportation order – deportation would cause him and his family difficulties - not entitled to launch a collateral attack on the deportation order by means of the Article 40 procedure - has not provided a copy of the deportation order with his application – deportation order not challenged - nothing in the statement to indicate any legal ground on which it could be said that the detention order and/or arrest and detention on foot of it, are unlawful - nothing in the statement provided by the applicant to indicate that there has been any fundamental denial of justice – no evidence suggest that procedures governing deportation not complied with - Minister would have been obliged to have regard to his family and domestic circumstances as well as his employment and the fact of his criminal conviction and prison sentence in determining whether to make the deportation order - person against whom a deportation order has been made may be arrested without warrant and detained in a “prescribed place” - no legal basis for argument that the fact that he was released early from prison and required to undertake community work is inconsistent with a decision by the Minister to make a deportation order – not an application for leave – habeas corpus refused.