Kazakh swimmer Vitaliy Khudyakov has appealed to CAS to try and appear at Tokyo 2020 ©Getty Images

Kazakhstan's Vitaliy Khudyakov has registered an appeal at the Court of Arbitration for Sport's (CAS) Ad Hoc Division here at Tokyo 2020, in a last-gasp bid to be allowed to race in the Olympic marathon swimming competitions.

The 27-year-old won gold at the Asian Open Water Swimming Championships in April 2019 which he believed to be a qualification event for the 10 kilometre event at Tokyo 2020.

However, on July 16 of this year, the International Swimming Federation (FINA) told the Swimming Federation of the Republic of Kazakhstan that the event was not in fact a qualifier, CAS said.

CAS will therefore decide if the event should count towards the qualification process.

Odaiba Marine Park is the venue for marathon swimming at Tokyo 2020 ©Getty Images
Odaiba Marine Park is the venue for marathon swimming at Tokyo 2020 ©Getty Images

The panel of arbitrators appointed to rule on the matter are Juan Pablo Arriagada of Chile, who will be President, Thy My Dung Nguyen of Vietnam and Prof. Song Lu of China.

Khudyakov competed in the men's 10km open water event at the Rio 2016 Olympics, but was disqualified for receiving two yellow flags.

The men's Olympic 10km race is scheduled for August 5 at Odaiba Marine Park.