Clear criteria are set out in the articles mentioned for determining the applicability of the convention to a specific case. If the commissioner determines that the application should be transferred to another member state, the agreement of that state to examine the application must be obtained before the person can be transferred there. This is effectively a legal decision and if a person was to object to it and say it was being made irregularly or in bad faith, he or she would have the option of seeking to challenge the decision of the commissioner in the courts. However, it is not proposed to complicate the operation of the convention further by introducing a domestic appeal process other than by judicial review by the courts in such cases.