The 30-year-old, whose mother was born and lived in England as a child,
applied for a British passport earlier this year but the request was refused by
British Home Secretary Charles Clarke.
His refusal was on the basis that Hicks had allegedly performed "an
act prejudicial to the interests of the United Kingdom" by attending terrorist
training camps in Afghanistan and Pakistan.
Hicks has applied for permission to seek a judicial review of the decision.
The case has been set down for one day before a judge at the High Court in
London.
An Islamic convert from Adelaide, Hicks was captured in Afghanistan in January 2002 for allegedly fighting alongside the ruling Taliban against US-led forces.
He has been held at the US military jail at Guantanamo Bay ever since.
The British citizenship application followed reported comments to his
lawyer about wanting to be British like his mother in order to celebrate the
England cricket team's win against Australia in the recent Ashes series.
The British government has negotiated the removal of nine of its citizens
from military custody at Guantanamo Bay while Australia has refused to do the same for Hicks, the country's only detainee.
Hicks had been due to be among the first detainees to face a military
commission trial this month.
But proceedings have been put back to at least mid-2006 pending a legal
challenge in the US Supreme Court about the legitimacy of the process.
Hicks has always denied charges of conspiracy to commit war crimes and
aiding and abetting the enemy.