WATCH: An accused murderer, who had charges stayed, faces deportation

A Sri Lanklan man, who had second degree murder charges against him tossed out of court, is now facing deportation.

Last week, a judge stayed the charges against Sivaloganathan Thanabalasingham, citing the Supreme Court's Jordan decision, that ruled a trial for an accused person should begin within 18 months after charges are laid -- 30 months for a jury trial.

Thanabalasingham was taken into custody in August 2012, charged in the murder of his estranged wife, Anuja Baskaran.  The trial was supposed to begin this week.

On Monday, Thanabalasingham appeared before the Immigration and Refugee Board.

The Board said Thanabalasingham should be deported because he was convicted of assaulting Baskaran three times between December 2011 and May 2012, however it could be years before that actually happens because of the appeals process.

Thanabalasingham has been in custody since Friday, and will remain detained until a second hearing on Thursday.

Crown prosecutors are considering an appeal of the decision that stayed the murder charges against Thanabalasingham.

With files from CTV Montreal