Adam Berguiga, 22, was arrested at Sydney International Airport on January 4, three days after he allegedly sexually assaulted the 33-year-old woman in the Melbourne city centre.
He was extradited back to Victoria in police custody, accused of kissing and groping the intoxicated woman at Billboard nightclub on Russell Street about 4.10am on January 1.
Berguiga appeared via video link in Melbourne Magistrates Court on Monday when defence barrister Michael Stanton SC said a bail application would be withdrawn.
Mr Stanton told the court his client had failed to find suitable housing to meet bail conditions.
The bail application was previously heard on February 11, when it was revealed tenants living at Berguiga's proposed bail address were given an eviction notice.Â
On Monday, Mr Stanton told the court prospective housing had been found in St Kilda, although the property had been deemed unsuitable over the weekend.
"We had hoped to have a stronger bail application as a result of time passed and we don't have accommodation available for the applicant," he said.
The police prosecutor opposed the move to withdraw the application, indicating a decision should be made based on the merit of the application.
Berguiga, who required a French interpreter during the proceedings, was supported in the courtroom by his brother who had arrived in the country four days ago.
Police previously alleged in court that Berguiga raped the woman in a laneway after being kicked out of the nightclub, before leading her back onto Little Bourke Street and waving at her as he walked away.
The woman immediately reported the incident to a friend and the nightclub manager before the police were notified.
Using CCTV and club entrance records, detectives allegedly identified Berguiga as the offender but he was not at the two properties known to him.
It's alleged Berguiga bought a bus ticket to Sydney at 6.20pm that same day, with CCTV showing him and four associates boarding the bus at Southern Cross Station about 7pm.
Federal police located the accused seated at the international terminal about 12pm with a suitcase, his passport and another French person's driver's licence, the court was told.
He was arrested and extradited back to Melbourne where he made a no-comment interview to detectives, and charged with seven offences including rape recklessly causing injury.
Police have previously opposed the 22-year-old's bid for bail, arguing Berguiga was an unacceptable risk of fleeing the state and endangering others.
Magistrate Jillian Prior moved to strike out the application on Monday over the collapse of suitable accommodation.
Berguiga will remain in custody and is due to return to court in April.
1800 RESPECT (1800 737 732)
National Sexual Abuse and Redress Support Service 1800 211 028
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