The Court held that a Tribunal hearing invitation issued under s 360(1) the day after a s 359A invitation does not, without express reference to the earlier invitation or its timeframe, operate as an extension of time under s 359B(4) or displace the statutory consequences of non-response to the s 359A letter. The obligation in s 359A(1)(b) to 'ensure' the applicant understands the relevance of adverse information does not extend to requiring the Tribunal to explain the downstream cascading operation of ss 359C(2), 360(3) and 363A, nor to reconcile later procedural correspondence with the s 359A timeframe. Informing an applicant that they 'will lose any entitlement' to appear is sufficient; the Tribunal is not required to additionally explain that it lacks power to permit appearance.
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