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The father of Australian Guantanamo Bay detainee David Hicks says he is disappointed the British Government will not seek his son's release.

The granting of British citizenship to Hicks had sparked hopes the UK Government would lobby the US to free him.

The Government secured the release of nine British detainees after it told the US the American military commissions being used to try detainees were illegal and unjust.

But the Foreign Office has announced it will not lobby on Hicks' behalf on the grounds he was arrested while travelling on an Australian passport, and he has received consular assistance from Australia.

Terry Hicks says he is not giving up, despite the ruling.

"It's disappointing to me that the British have decided to not to follow up with David's release," he said.

"We'll try every avenue that we can."

Terry Hicks says he is awaiting a Supreme Court ruling on the legality of the US military commissions.

The challenge to their legality, which has been mounted by another detainee, has delayed David Hicks' trial.

"I suppose our next step now is we've now got to wait on the Supreme Court action - just hope something happens there," Terry Hicks said.

Government 'complacent'

He says the Australian Government has been complacent about Hicks' case.

"It still boils down to one fact - that the Australian Government are the ones that should have been pushing for his release," he said.

"We shouldn't have had to rely on any other country to try and get David out of that place."

But Foreign Minister Alexander Downer says it is not a matter for the Federal Government.

"That's entirely a matter for the British," Mr Downer said.

"I know what their perspective is because we've had some briefing provided to our officials by the British Government but it's really nothing to do with us."

Option

One option for Hicks is to renounce his Australian citizenship in the hope that would force Britain to take up his case, but Mr Downer does not think Hicks's legal team will support that option.

"There's been no suggestion at all that he wants to renounce his Australian citizenship," he said.

"I know his lawyer in Adelaide very well and not ever has he suggested to me that David Hicks was going to renounce his Australian citizenship.

"It's not obvious that that would be to his advantage."

Hicks, who has been detained for more than four years, faces charges of conspiracy to commit war crimes and attempted murder

SOURCE: ABC.net.au