LONDON A Pakistani student won his appeal against exclusion as London High Courts Special Immigration Appeal Commission on Tuesday overturned British governments deportation order against Shoaib Khan and allowed two others Abid Naseer and Ahmed Faraz Khan to remain in the UK. The judgment was handed down by Justice Mitting on Monday after the tribunal had heard appeals for three weeks against the Pakistani students who were arrested last year in April in terror swoop in North West England. The hearings were held from March 9 to March 26 this year and the judgment was reserved for three weeks. The seven students out of 10 belonging to the Frontier region, were released uncharged after three weeks and handed over to the UK Border Agency for deportation. Eight of the students eventually decided to return home voluntarily on the condition that deportation charges are dropped against them. Two of them Abid Naseer and Ahmed Faraz Khan decided to contest their cases. The Special Immigration Appeals Commission heard appeals from Abid Naseer, Ahmed Faraz Khan, Abdul Wahab Khan, Shoaib Khan and Tariq Ur Rehman. Mr Justice Mitting was assisted by Senior Immigration Judge Mr Warr and a member Mr J.Daly. The Commission ruled that Abid Naseer and Ahmed Faraz Khan may not be sent to Pakistan after failing to secure assurances from the authorities that the students would not be maltreated. Shoaib Khan, Abdul Wahab Khan and Tariq-ur-Rehman were represented by Barrister Amjad Malik while Abid Naseer was represented by Jonathan Bennathan and Ms. S.Harrison while Baroness Kennedy QC appeared for Ahmed Faraz Khan. The Commission rejected the appeals of Tariq-ur-Rehman and Wahab Khan on the plea that they pose a 'serious and immediate threat to the national security of the UK. Among other students Janas Khan and Sultan Sher,Umar Farooq, Rizwan Sharif, Muhammad Ramzan all withdrew their appeals on returning home. Abid Naseer and Ahmed Faraz remained in detention since April 8, 2009 before Faraz was released on bail in March this year with conditions. Regarding Shoaib Khan who is the resident of village Kanjroor of District Narowal, the Commission noted that 'he is from settled area of Pakistan and not the troubled North West. He did not know any of the four other appellants before he arrived in the UK in 2005. He does not speak their first language. He did not attend or claim to have attended the Manchester College of Professional Studies. He was a genuine student of Accountancy at a reputable college. Nothing is the manner in which he gave his evidence caused us doubt that he was telling the truth. He answered questions in a calm and straight forward way and did not bluster or previcate. However, in upholding the appeal of Shoaib Khan, Commission stated: 'It is for the Secretary of State to determine what should be done in the light of our judgment. Shoaib Khan who has gone back to Pakistan can now apply to return to the UK. The British Home Office is not to appeal against todays ruling as it can do so only on a point of law and none exists. The new Home Secretary Theresa May said: 'Protecting the public is the Governments top priority. We are disappointed that the court has ruled that Abid Naseer and Ahmad Faraz Khan should not be deported to Pakistan, which we were seeking on national security grounds. As the court agreed, they are a security risk to the UK. We are now taking all possible measures to ensure they do not engage in terrorist activity.