KEY POINTS:
ADELAIDE - Australian terrorist suspect David Hicks' legal team has applied for an urgent hearing in the Federal Court in Sydney in a bid to bring him home by Christmas.
Hicks' Adelaide-based lawyer David McLeod said papers would be filed against the federal government for failing to provide adequate assistance to an Australian citizen abroad.
"This is an unique action approaching the Federal court, asking for it to intervene on the basis that the discretion that has been exercised by both the minister for foreign affairs and the attorney-general has been based upon improper considerations," Mr McLeod told ABC radio.
Mr McLeod said it was hoped the Federal Court would hear the matter within the next couple of weeks.
He said the court would also be asked to rule on the government's stand that Hicks could not be charged with any offence under Australian law if he was freed from US custody.
"This is the excuse that the government keeps trotting out," Mr McLeod said.
"We will invite the Federal Court to find that that is an improper consideration.
"It is a decision that the federal court is entitled to review, make findings on and make directions towards the Australian government to change its approach.
"The whole process behind this is to seek David's return by Christmas."
Hicks has been in custody in Guantanamo Bay, Cuba, since he was captured in Afghanistan in 2001 following the US invasion.
He had previously pleaded not guilty to charges of conspiracy, attempted murder and aiding the enemy.
But following a US Supreme Court ruling in June, declaring illegal the military tribunals set up to try Hicks and other Guantanamo Bay inmates, those charges were dropped.
He is expected to face a revised form of military commission after recent moves in the US to change the laws governing their operation.
The original commission process was earlier found to be unlawful by the US Supreme Court.
- AAP
