Such a recommendation, that the application is "manifestly unfounded", in the expression used in the present Act, can be appealed to the Refugee Appeals Tribunal, but the appeal must be made within ten working days of the recommendation rather than the normal 15 working days, and the appeal will be determined on the papers with no oral hearing. The tribunal under the current section 16(2) may either affirm the commissioner's recommendation that an application is manifestly unfounded or set it aside and refer the application back to the commissioner for investigation.