A man who has dodged being tried for murder is now facing deportation.

Last week a judge stayed the second-degree murder charges against Sivaloganathan Thanabalasingham, citing the Supreme Court's Jordan decision and the nearly five years since Thanabalasingham was arrested.

According to the Supreme Court's ruling last year, 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, the day his estranged wife Anuja Baskaran was killed, and the trial was supposed to begin this week.

Instead, Thanabalasingham appeared before the Immigration and Refugee Board on Monday.

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.

Meanwhile Crown prosecutors are wondering if they can appeal the decision that stayed the murder charges against Thanabalasingham.