; and (ii) in the case of such a noncitizen who is under 16 years of age, 5 years. (6) Frivolous applications (A) In general At the time of filing an application for stateless protected status or adjustment of status under this section, the Secretary of Homeland Security shall advise the noncitizen of the privilege of being represented by counsel and of the consequences, under subparagraph (D), of knowingly filing a frivolous application under this section. (B) Effect of withdrawal of application (i) In general A noncitizen may request that the noncitizen's application for status under this section be withdrawn, prior to the adjudication of the application. (ii) Effect of consent to withdrawal If the Secretary of Homeland Security consents to the withdrawal of the noncitizen's application, the application shall be considered denied without prejudice to any future application. (iii) Effect of decline to consent to withdrawal If the Secretary of Homeland Security declines to consent to the withdrawal of the noncitizen's application, the application shall be adjudicated on its merits. (iv) Prohibition on negative inference In determining whether an application under this section is frivolous, the Secretary of Homeland Security may not draw a negative inference from a noncitizen's request to withdraw the application. (C) Denial The denial of an application for stateless protected status or adjustment of status under this section shall not be construed to establish that the application was frivolous. (D) Consequence of filing a frivolous application If the Secretary of Homeland Security determines that a noncitizen has knowingly made a frivolous application for status under this section and the noncitizen has received notice under subparagraph (A), the noncitizen shall be permanently ineligible for stateless protected status or adjustment of status under this section, effective as of the date on which a final determination on such application is made. (c) Evidentiary matters (1) In general In determining if an