40.      (1) Where an international protection officer has prepared a report under section 39, or caused such a report to be prepared, the Minister shall notify, in writing, the applicant concerned, the applicant’s legal representative (if known) and, whenever so requested by him or her, the High Commissioner, of the officer’s recommendation referred to in section 39(2)(b).

(2) A notification under subsection (1) and, where applicable, a statement under subsection (4)(c) or subsection (5)(c) shall, when sent to an 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.

(3) Where the international protection officer’s recommendation is that referred to in section 39(3)(a), the notification under subsection (1) need only consist of that fact.

(4) Where the international protection officer’s recommendation is that referred to in section 39(3)(b), the notification under subsection (1) shall be accompanied by—

(a) a statement of the reasons for the recommendation that the applicant not be given a refugee declaration,

(b) a copy of the report under section 39, and

(c) a statement of the entitlement of the applicant to appeal to the Tribunal against the recommendation, and of the procedures specified in Part 6.

(5) Where the international protection officer’s recommendation is that referred to in section 39(3)(c), the notification under subsection (1) shall be accompanied by—

(a) a statement of the reasons for the recommendation,

(b) a copy of the report under section 39, and

(c) a statement of the entitlement of the applicant to appeal to the Tribunal against the recommendation, and of the procedures specified in Part 6.

(6) Nothing in this Act shall be construed as requiring the disclosure of any information that has been supplied to the Minister, an international protection officer, a Department of State or other branch or office of the public service by or on behalf of the government of another state subject to an undertaking (express or implied) that the information would be kept confidential, other than in accordance with the undertaking, or with the consent of the other state.