After being concluded by the World Football Federation (FIFA) to have committed fraud in the process of naturalizing players, the Football Association of Malaysia (FAM) quickly filed an appeal, affirming that the violation was just a "technical error" and that the naturalized players were all legal. However, legal experts say that the chance for FAM to overturn the verdict is very low.
Responding to Malaysian media, sports lawyer Nik Erman Nik Roseli said that the principle of absolutely responsible in FIFAs Disciplinary Regulations makes all FAMs defensive arguments meaningless. He explained: The principle of absolute responsibility means that there is no need to consider intentional or knowing factors in advance.
According to Mr. Erman, FAM's claim that it did not know that the player's records had fake information was not enough, because the violation was the act of submitting false documents to FIFA.
This lawyer emphasized: The Football Association of Malaysia has an independent duty to ensure that players are eligible to compete. They are not allowed to transfer this responsibility to the National Registration Department (NRD). Therefore, it is unfounded to believe that this was just a technical error.
In addition, the fact that the violators were recognized as legal Malaysian citizens did not help FAM successfully appeal. Mr. Erman pointed out: FIFA does not question nationalism. They only consider the issue of playing rights according to FIFA's charter".
A player with legal nationality is not necessarily eligible to wear the national team jersey if the application submitted to FIFA contains fake information.
The lawyer also said that FAM needs to change its approach in the appeal process: It is best for FAM to avoid making unknown arguments or not intending to commit fraud. They need to focus on proving that they were really careful and making excuses about the extent of the punishment.
The Malaysian team is facing the risk of being held back or having its place in the 2027 Asian Cup qualifiers canceled if FIFA keep its penalty.
