Michael Collins International Clearence Refused

[Ezeikial]

9th APRIL 2009: INTERNATIONAL TRANFER CLEARANCE REFUSED FOR COLLINS
Dundalk Football Club received communication from the FAI today informing the club that the IFA have refused to issue an International Transfer Certificate to Michael Collins to enable him to play for Dundalk Football Club. The matter was referred to FIFA last month. However, FIFA did not make an official ruling on this case and sent general procedural information to the IFA.

Dundalk FC will be holding further meetings with our legal advisors over this issue. Dundalk FC will be seeking compensation for all wages paid to a player that, through no fault of our own, has been prevented from playing for our club. However, it is with regret that it appears that Michael will now be returning to Newry City Football Club. Everybody at Dundalk FC is hugely disappointed that Michael is unable to play for the club. He is seen as an integral part of the team for the 2009 Premier League campaign and his absence is having a detrimental effect on the team’s chances for success.

Dundalk FC Manager Sean Connor stated: “This is a hugely disappointing development. When Michael was signed I said he was my most important signing. We have missed him in our opening matches and I believe that if he had been on the pitch we would certainly have more points on the board. This issue has put us at a competitive disadvantage through no fault of our own. We are not even in a position to sign a replacement for Michael. They have put a professional footballer out of work. I feel very sorry that Michael is in this situation. Speaking as someone from Belfast who acheived all of UEFA coaching badges through the IFA I am extremely disappointed with their attitude and lack of action in this matter. It is up to me to ensure that, come the 1st of July, Michael becomes a Dundalk player. I believe that he is going to be an integral part of this football club over the next three or four years.

Dundalk FC CEO Gerry Matthews stated: “The FAI have been very helpful in their efforts to get this situation resolved. This whole issue is very difficult to understand. We signed other players from
outside this jurisdiction and had absolutely no problems. We will be handing the matter over to our legal representatives from this point onwards.”

http://dundalkfc.com/news/090409_Collins.asp

[srfc1928]

why are the ifa refusing to issue international clearance ?

[Mr_Parker]

why are the ifa refusing to issue international clearance ?

I've been asking Dundalk fans similar questions elsewhere without clear answers. Dundalk certainly seem to be giving out mixed messages as to where the fault lies. They certainly seem to imply the IFA with that state and quote from the manager.

Here are few questions that they seem shy of answering.

What date did the FAI request the ITC from the IFA?

Why don't Dundalk share what this "procedural information" states or would they rather not share that?

Why do Dundalk not state on what basis the IFA refused to is it?

Your website statement and indeed your manager comments "I am extremely disappointed with their (the IFA) attitude and lack of action," certainly seem to point the finger at the IFA and also seem to sit in contradiction to what you have quoted from your the Chairman of your Trust and webmaster. Why is this?

[Ezeikial]

why are the ifa refusing to issue international clearance ?

It appears that technically the IFA are within their rights to do this, although it is also clear that, if they wished to, they could have facilitated this transfer by approving his clearance.

The original problem is that Newry did not issue the relevant form in time to the IFA - a similar situation existed with Shaun Kelly from Hearts, but when alerted to this by Dundalk, Hearts / SFA sorted it out same day (Newry/IFA either unwilling or unable to do so).

But it is a mystery why IFA have adopted this stance - speculation varies from bad blood with FAI to discriminatation against Newry.

Either way is an awful mess, and likely to cost Newry dearly with legal actions probable from Collins

[Sam_Heggy]

We are getting the same mixed messages about 2 players that we couldn't get cleared. Vinny Sweeney and James Doherty.

Any chance Cliftonville can keep Sweeney though?

[holidaysong]

But it is a mystery why IFA have adopted this stance - speculation varies from bad blood with FAI to discriminatation against Newry.

That's the most likely reason in my opinion.

It should be the IFA (and hopefully it is) that Collins/Dundalk FC takes legal action against rather than Newry City FC.

[Dodge]

But it is a mystery why IFA have adopted this stance - speculation varies from bad blood with FAI to discriminatation against Newry.

its obviously not bad blood with the FAI as plenty of players moved from IFA to FAI territory recently

Either way is an awful mess, and likely to cost Newry dearly with legal actions probable from Collins

They're under no obligation to work for Dundalk. It appears they signed the release form, so they did what was neccessary.

[holidaysong]

They're under no obligation to work for Dundalk. It appears they signed the release form, so they did what was neccessary.

They signed it alright but it took them nearly a month to send it back to the IFA. Actually, thinking about this point, perhaps it was Newry City trying to get their own back on Collins for buying himself out of his contract. That still doesn't explain why the IFA didn't push through the international clearance though.. Very confusing.

[Mr_Parker]

We are getting the same mixed messages about 2 players that we couldn't get cleared. Vinny Sweeney and James Doherty.

Any chance Cliftonville can keep Sweeney though?

Nope. He is your player.

[Mr_Parker]

That's the most likely reason in my opinion.

It should be the IFA (and hopefully it is) that Collins/Dundalk FC takes legal action against rather than Newry City FC.

What date did the FAI request the ITC from the IFA? Was it within your transfer window?

[Trainee]

If he had not signed for dundalk before Jan 31st when tranfer window closed up the North, IFA are right to refuse international clearance, dundalk have no case and should give up.

[Trainee]

looks like collins didnt sign till after window closed, unless dundalk waited a week to unvail collins at a press conference as the date was 9th of feb

http://www.dundalkfc.com/news/090209_Conference.asp

so dundalk will have till wait till july, end of story IFA are right

[holidaysong]

The LOI transfer window didn't close until February 23rd though. The NI transfer window date would only apply to players transferring into or within NI.

Mr. Parker, I don't know what date international clearance was requested on.

[Ezeikial]

its obviously not bad blood with the FAI as plenty of players moved from IFA to FAI territory recently



They're under no obligation to work for Dundalk. It appears they signed the release form, so they did what was neccessary.

The fact that other players have moved between jurisdictions without difficulties does not eliminate the possibility of the IFA being vindicative when the opportunity arose. It certainly appears that it was within the gift of the IFA to resolve this problem, but have chosen not to.

If litigation was to ensue it is most likely that Michael Collins would be the plantiff with Newry as defendents. Dundalk unlikely to have any direct legal case against any party; Michael Collins bought out his contract with Newry and therfore any contractural obligations were by Newry to Michael Collins.

The bottom line is that Michael Collins himself and Dundalk are the victims in this sorry saga.

However, there are still still some unresolved questions to be answered as to what procedures Dundalk had in place to ensure that Newry / IFA / FAI paperwork triangle was complete in time.

[Mr_Parker]

The fact that other players have moved between jurisdictions without difficulties does not eliminate the possibility of the IFA being vindicative when the opportunity arose. It certainly appears that it was within the gift of the IFA to resolve this problem, but have chosen not to.

If litigation was to ensue it is most likely that Michael Collins would be the plantiff with Newry as defendents. Dundalk unlikely to have any direct legal case against any party; Michael Collins bought out his contract with Newry and therfore any contractural obligations were by Newry to Michael Collins.

The bottom line is that Michael Collins himself and Dundalk are the victims in this sorry saga.

However, there are still still some unresolved questions to be answered as to what procedures Dundalk had in place to ensure that Newry / IFA / FAI paperwork triangle was complete in time.

Like what date the FAI actually requested the ITC? As for legal cases, surely FIFA procedures in dealing such matters would need to be exhausted first.

The Article below is in regards to the issueing of an ITC. You might also want to read page 102-7 of the FIFA Transfer Commentary

Article 2 Issuance of an ITC for a Professional
1. All applications to register a Professional must be submitted by the
New Club to the New Association during one of the Registration
Periods established by that Association. All applications shall be
accompanied by a copy of the contract between the New Club and
the Professional. A Professional is not eligible to play in Offi cial
Matches for his New Club until an ITC has been issued by the
Former Association and received by the New Association.
2. Upon receipt of the application, the New Association shall
immediately request the Former Association to issue an ITC for
the Professional (the “ITC Request”). The last date on which the ITC
Request can be made is the last day of the Registration Period of
the New Association. An Association that receives an unsolicited ITC
from another Association is not entitled to register the Professional
concerned for one of its clubs.
3. Upon receipt of the ITC Request, the Former Association shall
immediately request the Former Club and the Professional to
confi rm whether the Professional’s contract has expired, whether
early termination was mutually agreed or whether a contractual
dispute exists.
4. Within seven days of receiving the ITC Request, the Former
Association shall either:
a) issue the ITC to the New Association; or,
b) inform the New Association that the ITC cannot be issued
because the contract between the Former Club and the
Professional has not expired or that there has been no mutual
agreement regarding its early termination.
5. If the New Association does not receive a response to the ITC Request
within 30 days of the ITC Request being made, it shall immediately
register the Professional with the New Club on a provisional
basis (“Provisional Registration”). A Provisional Registration shall
become permanent one year after the ITC Request. The Players’
Status Committee may withdraw a Provisional Registration, if,
during this one-year period, the Former Association presents valid
reasons explaining why it did not respond to the ITC Request.
6. The Former Association shall not issue an ITC if a contractual
dispute has arisen between the Former Club and the Professional.
In such a case, the Professional, the Former Club and/or the New
Club are entitled to lodge a claim with FIFA in accordance with
Art. 22. FIFA shall then decide on the issuance of the ITC and on
sporting sanctions within 60 days. In any case, the decision on
sporting sanctions shall be taken before the issuance of the ITC.
The issuance of the ITC shall be without prejudice to compensation
for breach of contract. FIFA may take provisional measures in case
of exceptional circumstances.
7. The New Association may grant a player temporary eligibility to
play on the basis of an ITC sent by fax until the end of the Season
that is underway. If the original ITC is not received by that time,
the player’s eligibility to play shall be considered defi nitive.
8. Associations are forbidden from requesting the issuance of an ITC
in order to allow a player to participate in trial matches.
9. The foregoing rules and procedures also apply for Professionals
who, upon moving to their New Club, acquire Amateur status.

[Aaron]

David Scullion managed to get clearance and he transferred on the final day of the window?

[Sam_Heggy]

But it is a mystery why IFA have adopted this stance - speculation varies from bad blood with FAI to discriminatation against Newry.

Either way is an awful mess, and likely to cost Newry dearly with legal actions probable from Collins

The James Doherty case is with Newry too, we had him back for all of pre-season and were told, just before the first game of the season, that the international clearance didn't come through.

[Mr_Parker]

The James Doherty case is with Newry too, we had him back for all of pre-season and were told, just before the first game of the season, that the international clearance didn't come through.

As you said earlier, you also had the same promblem with Sweeney. Now I do know for certain that all his paperwork from a Cliftonville perspective was in order. Therefore, can you see why I keep refering to the question, when did the FAI request the ITC's for Collins and indeed the other players?

[Sam_Heggy]

Nope. He is your player.

I bet yer gutted about that too

[Ezeikial]

As you said earlier, you also had the same promblem with Sweeney. Now I do know for certain that all his paperwork from a Cliftonville perspective was in order. Therefore, can you see why I keep refering to the question, when did the FAI request the ITC's for Collins and indeed the other players?

It's a reasonable question!

From the ITC procedures that you helpfully posted previously, it seems to me that any failure/tardiness by Newry City FC to respond to a request from IFA would leave an appeal to FIFA open to the player and/or the signing club - but there is no suggestion to date of this from Dundalk in the Collins case.

There are too many unanswered questions here, and while Dundalk FC have already made a statement that they and the FAI have followed all procedures correctly, further clarification from the club would be helpful, particularly in relation to any information available on the IFA grounds of refusal.

I have directed these questions at the relevent people (in Dundalk FC) and hope to hear more soon