(b) the Minister notifies the Commissioner that he or she is of opinion that the applicant is in breach of subsection 4, (4A) or (5) of section 9 the Commissioner shall send to the applicant a notice in writing inviting the applicant to indicate (within ten working days of the sending of the notice) whether he or she wishes to continue with his or her application and, if an applicant does not furnish an indication with in the time specified in the notice, his or her application for declaration shall be deemed to be withdrawn.