The team have confirmed they had lodged notice to appeal the 25-second penalty, which resulted in Hamilton's finishing place being downgraded from first to third by race stewards.
Now the case will be put before the International Court of Appeal.
Amazingly, though, confusion reigns over whether or not the FIA even have a case to answer due to Article 152 of the governing body's International Sporting Code which states a drive-through penalty is 'not susceptible to appeal'.
McLaren will contend there are exceptional circumstances in this instance, and if they convince the ICA of such a fact, they will then seek to overturn the stewards' decision.
This latest affair centres around an incident at the end of lap 42 where the stewards deemed Hamilton 'cut a corner and gained an advantage'.
After attempting to pass Kimi Raikkonen around the outside on entry to the final chicane, Hamilton was forced to cut the corner.
Returning to the Spa track along the pit straight, the 23-year-old temporarily held the lead before correctly handing it back.
Timing sheets indicate Raikkonen crossed the start-finish line 0.6 seconds ahead of Hamilton, with further data showing the latter was also six kilometres per hour slower at that point.
Hamilton then filed behind Raikkonen, before legitimately passing Ferrari's reigning world champion again on the run down to the first corner La Source hairpin.
In wet conditions, the lead then changed hands twice more on the penultimate lap prior to Raikkonen spinning into a wall, handing Hamilton a win that was taken away just two hours later.
Describing the incident, Hamilton said: "In the closing stages of the race I was catching Kimi consistently, lap by lap, and with three laps remaining I got close enough to attempt to overtake him on the entry to the last chicane.
"I managed to get slightly ahead of him in the braking area for the first apex of the chicane.
"He fought back approaching the second apex, but, in doing so, he left no room for me on the inside line.
"The only way for me to avoid a collision was therefore to cut inside the second apex.
"I came out of the second apex in front of Kimi and so I momentarily lifted-off on the straight, to ensure Kimi got back in front."
McLaren F1 CEO Martin Whitmarsh said: "From the pit wall, we asked Race Control to confirm they were comfortable Lewis had allowed Kimi to re-pass.
"They confirmed twice that they believed the position had been given back in a manner that was 'okay'.
"If Race Control had instead expressed any concern regarding Lewis' actions at that time, we would have instructed Lewis to allow Kimi to re-pass for a second time."
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