A Supreme Court bail application by one of two men accused of killing Brisbane athlete Cole Miller has been thwarted at the last minute by the Australian Border Force.

Daniel Maxwell, a New Zealand national, was due to apply for bail on Thursday morning, however, just half an hour before the case was set to be heard, his lawyer Michael Bosscher was informed by immigration officials that, if successful, Mr Maxwell would be immediately taken into immigration custody.

The 21-year-old is in Australia on a special category visa.

If taken into immigration detention, Mr Maxwell could be shifted to any of a number of Australian detention centres.