The Federal Court has reserved its decision on whether lawyers for Guantanamo Bay inmate David Hicks will be allowed to put a case that the Australian Government has neglected its duty of care towards him.

Lawyers for Hicks want the Federal Court to force the Howard Government to ask the Bush Administration to send the prisoner home.

Hicks has now been held in Guantanamo Bay for more than five years without a trial, and his lawyers claim the Government has not upheld his rights as an Australian citizen.

Lawyers for the Commonwealth want the case thrown out.

They say there is no legal obligation on the Government and the court has no place in intervening in foreign policy.

Justice Brian Tamblin says he is reserving his decision because this is a very difficult and complex matter.

He says he will make a ruling as soon as possible.