Sauber's F1 are appealing Giedo van der Garde's successful legal challenge to drive for them this season.
He took his case to the Supreme Court in Melbourne claiming the team had gone back on a deal to give him a seat.
The court ruled in the Dutch driver's favour but Sauber say it is be unsafe to for him to represent them on the grid as he has not tested in the new car.
Van der Garde says he is ready for the season-opening Australian Grand Prix.
"It's been a long trial and I'm very happy with the outcome. I'm very fit and very strong and looking forward to going back to the team and working hard to do our best for this weekend. I'm the fittest ever and have been training for the last few months flat out," he said.
The first race of the season begins this season.
Download the brand new OffTheBall App in the Play Store & App Store right now! We've got you covered!
Subscribe to OffTheBall's YouTube channel for more videos, like us on Facebook or follow us on Twitter for the latest sporting news and content.
