The British government is planning a further appeal against his application on character grounds because he's accused of attempted murder and aiding the enemy.
Nine other Britons who were repatriated from Guantanamo Bay were never charged.
But David Hicks' Adelaide lawyer, David McLeod, says that's only because the British government acted more quickly than Australia.
"It's very refreshing to see Great Britain as one of the leading democracies in the world taking a consistent approach over the injustice of both the Guantanamo Bay detention facility but also the Guantanamo Bay military commission process."
"It's only a question of timing. The reason the others weren't charged was simply because they weren't allowed to be charged so far as the UK government was concerned."