Teacher Enoch Burke has said moving him from a Dublin prison to one in Co Roscommon has no basis in law.
Mr Burke was moved from Mountjoy Prison to Castlerea Prison on 1 March.
He has been imprisoned since January for contempt of court.
Mr Burke appeared before the High Court today by video link to argue that his transfer should not be allowed as his detention was based on a civil rather than a criminal matter.
He said his brother Isaac, who was in the courtroom, had written to and emailed the governors of Mountjoy Prison and Castlerea Prison to say that he had been "moved without warning or notice" to Castlerea Prison and was not given a reason for his transfer.
Enoch Burke said his removal to Castlerea Prison was "in breach" of a High Court order for his committal, which referred to Mountjoy Prison, and had no basis in law.
He told the court the email was sent last Tuesday at 5pm, and on Wednesday at 9.30am there was a "token response" but "no further response since that time".
He said the court "has power to do something about it" and that he should not have to take further action.
Mr Justice Brian Cregan asked Mr Burke if he was asking to be returned to Mountjoy Prison.
Mr Burke paused initially, before stating that his application was that his transfer to Castlerea Prison had no legal basis and that his transfer "was wrong and shouldn't have happened and needs to be put right".
He then said he was making the application without prejudice to his position that his overall detention was unlawful.
Aoife O'Leary, representing the governor of Mountjoy Prison, told the court that under the Criminal Justice (Administration) Act, discretion was given to remove a person from one prison covered under the act to another.
Mr Justice Cregan asked that an affidavit and legal submission be prepared setting out the facts.
Mr Burke interrupted to say that he believed it was "fully unnecessary" for the judge to make orders about affidavits and legal submissions.
He said the Criminal Justice Act had "no application whatsoever" as he was not convicted of a criminal offence.
"Why would a legal submission be prepared on the Criminal Justice Act when the dogs on the street know this isn't a criminal matter?" he said.
"The court should deal with this matter today," he said, adding that he should not be "kicking it down the road" when it is a "very simple point".
Mr Justice Cregan said that on 19 January, he had found Mr Burke to be in contempt of court and said he would be committed to Mountjoy Prison, but in a written judgment, he said Mr Burke should be committed to prison and made no reference to Mountjoy.
"It should be dealt with today," Mr Burke said.
"It won't be dealt with today," the judge replied.
The case will appear before Mr Justice Cregan again at 10.30am on Thursday.
The judge also asked for an update on the appointment of a new Disciplinary Appeals Panel (DAP), which will assess the decision of the board of management of Wilson's Hospital School to dismiss Mr Burke.
Mr Burke had challenged the make-up of the panel in court; in February the court heard that two members of the three-person panel had resigned and that a new panel would be appointed.
Speaking in court, Mr Burke said it was not "appropriate" for the court to interfere in the DAP process.
He said the court "has no role" in the DAP's process and "any comments (or) remarks as to how or when the DAP should operate, I say, is unlawful interference".
Mr Burke also said that an appeal he had filed against the judgment of Alexander Owens in relation to the original dispute with Wilson's Hospital School had been "granted an expedited appeal" that would be heard in April.
He argued that the appeal should be heard before the DAP process continued as, if he were successful, it would "invalidate" the dismissal process against him.
Mr Justice Cregan said he noted Mr Burke's submissions but did not agree with them.
He said his "sole concern" by asking for an update on the DAP appointment was in relation to his imprisonment.
"This court has no interest in you remaining in prison one day longer than is necessary," he said.
No updates on the DAP appointment process were heard in court.
The long-running legal dispute between the board of the Co Westmeath school and Mr Burke stems from incidents over a request in 2022 from the school's then-principal to address a student by a new name and pronoun.
Mr Burke, who taught German and history at the school, has repeatedly argued the direction was unconstitutional and went against his right to express his religious beliefs.
The school has been granted injunctive relief, restraining him from attending the school, but he has continued to attend in breach of the order, arguing that it was still his place of work.
He has been fined €225,000 and imprisoned for more than 550 days for attending the school in breach of the court order.