After spending 30 days in jail, a South Sudanese man accused of posing as a 17-year-old high school basketball player is being released from custody.
Jonathan Nicola, accused of being 29, is being released Monday on a number of conditions after his uncle's friend posted a $5,000 bond and $2,000 deposit.
Jonathon Nicola (Photo courtesy of AC Livestrong via YouTube)
Following the CBSA hearing in Windsor, Nicola's lawyer Frank Miller says jail was a depressing place for his client.
"It's a very disorienting experience for someone like him. You're in a jail cell, simple as that. You're locked up like a common criminal," Miller says. "It's tough, it's really tough for someone from his background."
"Mentally he's feeling a lot better this morning than he was last week."
Nicola appeared in-person at his hearing in Windsor while the hearing officer was in Toronto via video. Wearing an orange jumpsuit, he sat staring down at the table, hand over his mouth with very little emotion.
He was detained on April 15 after it was believed he could be a flight risk.
At the hearing a viable release plan was presented that all sides agreed to with a list of conditions. Nicola cannot work or study in Canada, must adhere to a curfew of 11pm to 6am, surrender all travel documents and will be required to live with Charles Juma, his uncle's friend who posted bail.
"As a community we stand together to bail him out," Juma said at the hearing, adding that Nicola is a "nice person, not a violent person, not a criminal person."
The CBSA also requires him to report to its office once every two weeks.
The hearing officer "cautioned strongly" that if any of these conditions aren't followed, Nicola may end up back in jail.
Nicola was arrested for allegedly misrepresenting his age on an application for a study permit to Canada, contravening the Immigration Refugee Protection Act.
When Miller was asked if his client knew exactly how old he was, he replied; "we'll deal with that at the hearing."
His next immigration hearing has not been scheduled, which will determine if Nicola should be excluded from Canada.
