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The appellant in this case is the Secretary of State for the Home Department. However, for the sake of clarity, I shall use the titles by which the parties were known before the First-tier Tribunal, with the Secretary of State referred to as "the respondent" and Mr Khattak as "the appellant".
The appellant is a citizen of Pakistan who appealed against a decision to refuse to vary his leave to enter or remain in the United Kingdom and to remove him by way of directions under Section 47 of the Immigration, Asylum and Nationality Act 2006. He appealed that decision and following a hearing at Birmingham, at which the respondent was not represented, Judge of the First-tier Tribunal Lodge allowed his appeal. The respondent sought permission to appeal which was granted by Judge of the First-tier Tribunal Heynes on 14 January 2016. His reasons for so doing were:-
"1. The Respondent seeks permission to appeal, in time, against a decision of First-tier Tribunal Judge Lodge promulgated on 5 August 2015 allowing the appeal against the refusal of an application for leave to remain.
The grounds of appeal complain that the Judge misdirected himself and gave inadequate reasons for the decision.
It is arguable that the Judge erred in his approach because the appeal before him related to an application for further leave on the basis of private leave."
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