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The Secretary of State for the Home Department (appellant) v Khattak (respondent)

Wednesday 1st December 2021

The SSHD appeals the order of UTJ Blum of 23 February 2021 granting Mr Khattak’s application for judicial review and quashing the SSHD’s decisions of 01 October 2019 and 20 November 2019 insofar as they refuse to grant the Respondent leave to remain under the 5 year parent route.

The SSHD had granted the Mr Khattak leave to remain for 30 months under the 10-year partner route but refused leave under the 5-year parent route.

Mr Khattak is a national of Pakistan. He first entered the UK as a partner and, when his relationship ended, was granted leave to remain on the 5-year parent route. He then entered a new relationship with a British citizen and they began to cohabit in December 2017. Mr Khattak had a second child. On 29 June 2019 the Mr Khattak applied for further leave to remain as the parent of a British child, relying principally on his continuing relationship with his eldest child from his previous relationship.

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