The 33-year old midfielder was charged by FIFA in November in relation to his transfer from Al Nasr to Al-Gharafa in August 2012 with the sportâ€™s governing body handing down a four-month ban and $1.9million fine.
That ban was set to see him miss out on Juneâ€™s World Cup in Brazil but the CAS has found that the former Empoli, Parma, Palermo and Lazio man, who will still serve the sentence, should be granted permission to compete with the Socceroos in Brazil.
"Mark is free to play for Australia at the World Cup if selected,'' FIFPro vice-president Brendan Schwab told the Herald Sun.
"The CAS has given careful regard to Mark's interests and in part his desire to play at the World Cup.
"It's decided that his interests are better protected by the stay not being granted and him serving his suspension, as if he were to lose the final decision in March or April then he would be suspended for the World Cup.
"In deciding to appeal, Mark had to take into account the interests of the club and the Socceroos as well as his own. And I expect that the club and Mark will continue the appeal as a matter of principle.
"Having decided that Mark won't suffer irreparable harm by not being granted the stay, the CAS did not consider the question of whether Mark is likely to succeed with his appeal at the final hearing, so this decision is not an indicator of the final outcome.''
For breaking stories and all the great banter like us on Facebook: facebook.com/tribalfootball