What is the test for a preliminary motion for habeas corpus?

3. My colleague, Justice Walsh, in his decision, Germa v. Atlantic Institution (Warden), 2015 NBQB 56, refers to step one as a screening stage and it is only if you pass through step one that you get to a full hearing at step two. So in this case, if, for instance, I find that the allegations and facts surrounding those do not disclose, even if established, any basis at law to argue for habeas corpus, such as a deprivation of liberty without authority or an illegal detention or illegal continued detention, then I can dismiss the preliminary motion at this first stage and without the need for the correctional facility to appear.