"Have been" is the present perfect form ("had been" is past perfect). Notice that the first conjugation in the sentence is "does", putting the time in present tense, so all other verbs take an appropriate form. The other word-pattern is "appear to be", which can be shifted to "appear to have been". If you write "appear to have to be", then you're saying something entirely different. I'm not sure if that's a clear enough explanation, but a very short answer is that the original phrase is perfectly correct.

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