38.      (1) Where an applicant does not attend for a personal interview on the date and at the time fixed under section 35(1) for the interview then, unless the applicant, not later than 3 working days from that date, furnishes the Minister with an explanation for the non-attendance which in the opinion of the Minister is reasonable in the circumstances, subsection (5) shall apply to the applicant.

(2) Where the Minister is of the opinion that an applicant—

(a) has failed, or is failing, in his or her duty under section 27 to co-operate, or

(b) is in breach of paragraph (a), (c) or (d) of section 16(3),

the Minister shall send to the applicant or his or her legal representative (if known) written notice of his or her opinion, and of the reasons for it.

(3) The Minister, in the notice under subsection (2), shall—

(a) invite the applicant to furnish, within 10 working days of the date of the notice, his or her observations on the Minister’s opinion referred to in that subsection,

(b) require the applicant to confirm in writing, within 10 working days of the date of the notice, that he or she wishes to continue with his or her application,

(c) remind the applicant of his or her duty under section 27 to co-operate and to comply with any requirements that have been or may be imposed on him or her under paragraph (a) or (d) of section 16(3), and

(d) include a statement of the effect of subsection (5) and of section 22(2)(c).

(4) Where—

(a) an applicant to whom a notice under subsection (2) is sent does not furnish the confirmation referred to in subsection (3)(b), or

(b) the Minister, having considered the observations (if any) made by the applicant referred to in subsection (3)(a) and the confirmation of the applicant referred to in subsection (3)(b), is of the opinion that the applicant has failed, or is failing, to comply with any of the obligations referred to in subsection (3)(c), subsection (5) shall apply to the applicant.

(5) (a) Where this subsection applies to an applicant, the applicant’s application shall be examined on the basis of the information referred to in paragraph (a) only.

(b) The information referred to in paragraph (a) is the information submitted by the applicant before this subsection applied to him or her.

(6) A notice under subsection (2) shall, when sent to the applicant, be in a language that he or she may reasonably be supposed to understand, where—

(a) he or she is not assisted or represented by a legal representative, and

(b) legal assistance is not available to him or her.