Controversial swimmer Nick D’Arcy’s London Olympic hopes have received a boost after Swimming Australia (SA) decided not to remove him from their shadow selection squad.

D’Arcy’s availability now rests solely with the Australian Olympic Committee (AOC), which is yet to declare whether he is eligible ahead of next month’s Games trials in Adelaide.

The 24-year-old 200m butterfly specialist is aiming to make his first Olympics after being kicked off the team for the 2008 Beijing Games following his assault on former swimmer Simon Cowley.

D’Arcy was last year ordered to pay $180,000 in damages to Cowley over the assault but filed for bankruptcy in December, a move which meant he would not have to pay and which was described by Cowley’s lawyer as a ‘cop out’.

The AOC had asked SA whether it was reconsidering D’Arcy’s nomination on a shadow Olympic selection squad submitted in December.

But after a board meeting on Friday SA confirmed on Tuesday that D’Arcy would remain on the shadow squad and the decision on his eligibility now rests solely with the AOC.

An AOC confirmed on Tuesday its team executive had received a letter from SA and would meet to consider it.

A decision is expected before the trials, starting March 15.

D’Arcy returned from a lengthy injury layoff at last week’s NSW championships where he said he told reporters he’d received positive communications to suggest he would be on the Olympic team if he qualified.

“There have been some communications and at this stage it looks like there won’t be any sort of inhibitions going into trials,” D’Arcy said.

“If I do the (qualifying) time and make the team then I’ll be on the Olympic team but I’ve got to make the Olympic team first.”