Arton Capital Inc, a Canadian company involved in the drawing up of Immigrant Investor Programmes, has instituted a court case against the Ministry of Home Affairs and the Attorney General over the adjudication of a call for expressions of interest for the drawing up and administration of the Individual Investor Programme.

The company argued that the call for expressions of interest failed to follow the rules for Public Service Concessions. These, the company said, were very serious shortcomings which amounted to serious abuse which rendered the whole process and the subsequent government agreement with Henley and Partners as null and invalid.

Furthermore the evaluation committee acted ulta vires and did not follow the principles of natural justice regarding the level of independence it was meant to have.

Henley and Psrtners had a conflict of interest and an unfair advantage since they had also been involved as consultants on the scheme before the call was made.

The company protested that after the initial decision, during which its bid was rejected, it had appealed before the Review Board but not not given the opportunity to adequately present its case and present its witnesses.

The company called on the court to declare the selection process null  and the concession granted to Henley and Partners to be invalid.