LONDON - A Pakistani student arrested in the May 8 terror raids is being released and deported to Pakistan as the British Home Secretary Jacqui Smith on Friday agreed to withdraw the charges of threat to the national security on him, TheNation has learnt. Tariq-ur-Rehman detained at the Manchester prison still may have an out of country appeal against the cancellation of his 'post study work visa leave, only if he wishes to return. Lawyers of the British Home Secretary Jacqui Smith in a letter to the students lawyer Amjad Malik said: 'you state that before any voluntary departure take place, your client would like to have the deportation order against him withdrawn. The Secretary of State notes that, to date, your client has only been served with a Notice of Intention to Deport. However, if Tariq departs voluntarily, my client confirms that a Deportation Order will not (and, indeed, legally cannot) be made against him. My client also confirms that once Tariq-ur-Rehman has left the United Kingdom, the Notice of Intention to Deport will be formally withdrawn, they said. According to the letter, the British Home Secretary is not in a position and cannot give any assurance that Tariq-ur-Rehman will not be harmed or ill-treated by the Pakistani authorities. It said that the UK govts assessment that an individual returning to Pakistan under these circumstances is likely to be debriefed by the law enforcement authorities on arrival. Tariq-ur-Rehmans out of country right of appeal and his recent the appeal to the Special Immigration Appeals Commission would lapse on the Notice of Intention to Deport being withdrawn, and that his appeal against the decision to cancel his leave to remain and refuse him leave to enter would be treated as abandoned if he were to leave the United Kingdom (see section 104(4) of the Nationality Immigration and Asylum Act 2002). The British Foreign Secretary said: 'It would be open to Tariq-ur-Rehman to seek permission to bring a fresh appeal out-of-time against the decision to refuse leave to enter once he had left the United Kingdom. However, it would be for the appellate body to decide whether or not to accept such an appeal. This is not a matter which is under my clients control. In order to remove any uncertainty on this point, my client would be prepared to take a further decision to refuse your client leave to enter shortly before his departure which would mean your client had 28 days from the date of that fresh decision in which to lodge an appeal. Earlier, an independent Reviewer of Britains terrorism legislation, Lord Alex Carlyle QC met three Pakistani students Abdul Wahab Khan, Shoaib khan and Tariq Ur Rehman who all are considered a national security threat by British Home Secretary, and all 3 are appealing before Special Immigration Appeals Commission. Lord Carlyle QC, an eminent barrister, former Member of Parliament and currently at House of Lords reports on terrorism legislation as a monitor to improve its operation and is currently reviewing 'operation Pathway. All students raised high-handedness of Liverpool police who used armed response unit to arrest them during which few students sustained injuries and scars. They raised issues on their treatment and confining at CAT A and questioned the wisdom as to why they are being deported when no charges were made. Lord Carlyle also met with students lawyer Amjad Malik at his Rochdale Chamber who briefed him about students plight and their concerns. He raised the issue of keeping them in Category A, strip searches, not having telephonic access to their families and books to students to allow them to continue their studies. Malik also highlighted the legal lacuna that all detained under terrorism legislation (S.41 TA 2000) must be afforded an opportunity to make a bail application after 7 days of their arrest. Richard Vince, Governor of Manchester Prison also met Lord Carlyle QC & Amjad Malik and assured both that as these detainees are not criminals facing trial, they are being provided as best facilities as possible that include prayer time, 3 times free time, halal food and leisure and training facilities. Lord Carlyle assured the lawyer and the detainees to raise all these issues in his independent report and also will contact higher officials to relax some conditions regarding books and telephone access to their families.