The British Home Office has given its first response to a request for a British passport by accused Australian terror suspect David Hicks. The British Home Office has written to his Hicks's English lawyers, saying some public policy considerations may prevent the passport application being approved. Hicks's mother has a British passport and he says he is entitled to one under UK law. He hopes that will allow him to avoid his US military trial in Guantanamo Bay, due to start next month. Hicks's lawyer Stephen Grosz says he is preparing to take the UK Government to court. "We want the Government to afford to him the same facilities that is afforded to the other British nationals who are detained in Guantanamo Bay, all of whom have now been released," he said. Hicks's legal team has also received public money that could be used in any court challenge against the Government.