Suspected murderer Sivaloganathan Thanabalasingham will remain in custody while waiting to find out if and when he will be deported to his native Sri Lanka.

The 31-year-old is accused of murdering his wife in 2012, but the charges were stayed last week because it took too long for the trial to begin.

Because he has multiple criminal convictions for assaulting Anuja Baskaran, on Monday the Immigration and Refugee Board ordered him deported.

He is appealing that order, and on Thursday applied for bail while the case is being challenged.

Thanabalasingham's brother and his sister-in-law testified at Thursday's hearing that they were willing to put up $55,000 in bail to guarantee he would show up to his expulsion.

However those relatives stunned those in attendance when they said that Thanabalasingham was only in trouble with the law because of his late wife's repeated phone calls to police.

"He did not do anything wrong," said Thanarupan Thanabalasingham, the accused's brother.

The sister in law, whose name is protected by a publication ban, was unable to tell the hearing how Baskaran died.

Immigration and Refugee Board member Stephane Morin concluded that the relatives just did not know enough about Thanabalasingham, and denied the request for bail.

The Immigration and Refugee Board will review the case on May 11, and again every 30 days after that.

In the meantime, the Crown is appealing the stay of proceedings in Thanabalasingham's murder trial.

No date has yet been set for a hearing before the Court of Appeal.