The former lawyer for a South Sudanese man – accused of posing as a Windsor high school student by border officials – believes he may be applying for refugee status.

Frank Miller believes his former client, Jonathan Nicola, has submitted an application to stay in Canada, and that is why his admissibility hearing was cancelled.

The hearing was scheduled for Friday, but Miller says the refugee application would take priority over the hearing.

If the status is granted, then there would not be any reason for the hearing.

However, if the status is denied, then the admissibility hearing would continue.

Nicola was arrested in April for allegedly misrepresenting the material facts on his application for a study permit in Canada.

Nicola was a well-known basketball player at Catholic Central high school before being detained by immigration officials.

Teachers and classmates at Catholic Central thought Nicola was 17 years old.

A spokesperson for the Immigration and Refugee Board sent an email to CTV News on Tuesday, stating the Canada Border Services Agency asked to withdraw its request for a hearing.

The file is now considered closed.

Nicola was granted release from jail in May.