at The College Statement of Matthias Brueckner My full name is Matthias Brueckner, and I currently reside at 12 Pendle Street, [capital city], [your state]. l was born on 24 April (39 years ago). Prior to moving to live in Australia, | resided in South Africa, where I was part owner of a merchant company with a tumover of $800,000AUD per year. I was involved in a sales role, although I had previously worked in the production area as well. Due to the increasing difficulties of doing business in South Africa with increasing unemployment and unrest, I decided that to migrate from that country. I began formulating plans to leave and I started moving money surreptitiously to Australia where many of my family are already living. | first visited Australia many years ago and about 5 years ago made the decision to settle in Australia. In February (4 years ago), I met with Allan Spence, a registered migration agent in Australia, of Down-Under Visa and Migration Services ("DVMS'). At this meeting it was explained to me that DVMS arranged for persons to migrate to Australia under an appropriate business visa and assisted that person to meet the visa obligations by nding appropriate investment opportunities. Allan Spence advised that I would be eligible fora business visa. I decided to pursue a business visa as it would enable me to become a permanent, as opposed to a temporary, resident of Australia. I decided to engage DVIUIS to assist with the applicaon because Allan Spence appeared to me to be very professional and well researched in his business model and presentation. I was also aware that he had previously held a senior position in the Department of Immigration [as it was at the time], and thought that he appeared knowledgeable in the criteria required to apply for a visa and conform to visa obligations. | signed a letter of appointment of DVMS as my migration agent in April (4 years ago) In January (3 years ago), DVMS informed me that an application for a business visa had been lodged with the Department on my behalf. They told me that included in the application papers was a "business proposal letter\m!\" TheColIoge I had intended to purchase a small food business operation, however, I had been advised by friends and family already living in Australia to be cautious before investing in a business in Australia. This was because the number of business visa migrants seeking to invest in businesses was creating a "false demand" and that a number of unviable businesses were changing hands. As a result of these wamings, and because of my lack of knowledge of the business environment in Australia, I decided to initially pursue an investment with EDI. In May (3 years ago), I visited the premises of EDI. I met the managing directorof EDI, James Only, and was impressed with his presentation and the concept of the business. I decided to invest in EDI. James said that he thought it best that if things did not work out between us, that either the EDI or I could cancel the anangements, EDI could cancel the allotment of shares to me and I would be paid back my initial investment over a period of ve years, with bank interest. He said that he would have EDI's lawyers draw up the agreement. He also told me that the constitution of EDI permitted the company in general meeting to declare a dividend out of the present, past or reserved profits as it saw fit. In May (3 years ago), I applied for 50,000 class A shares of $1 each in EDI. By letter dated May (3 years ago), EDI advised me that my offer to purchase shareholding for the sum of $50,000 had been accepted, subject to me signing the agreement. The letter went on to indicate that: "In addition to having a five percent shareholding in EDI Pty Ltd, you will also have a senior management role in the day to day operations of the Company". In June (3 years ago), | signed the agreement and paid for the shares. The Board of Directors of EDI resolved on the same day to issue to me 50,000 class A shares in the capital of that company. The Board also resolved: "That the "A" class shares in the capital of the Company have the same rights attached to them as ordinary shares including voting rights, with the exception that "A" class shares shall have no right to appoint a director, no right to a dividend and no pre- emption rights to other shares issued in the company in future." Following the issue of the shares to me, the share capital of EDI consisted of 950,000 ordinary shares and 50,000 class A shares, a total capitalisation of 1,000,000 $1 shares. l an'ived as a permanent resident in [capital city], [your state] in July (3 years ago). I have no remaining family in South Africa. I purchased a house in [capital city], [your state] in August (3 years ago), using a substantial part of my available funds to do so. Since August (3 years ago), l have been attending management meetings of EDI on a regular basis. The management meetings are chaired by James Only, and generally attended by EDl's general manager, commercial sales manager, production manager, installation manager and ofce manager. They are generally held at 8am each Monday morning. Their purpose of them, as expressed by James Only, and set out in the minutes of the rst meeting, is: "...to allow my division managers to interact via focussing on the prior week's performance, and what they want to achieve in the upcoming week." ADMIN T1 A1 Brueckner ALL STATES 2020_D4_21.docx Page 3 of6 The College of Law Limited @319de I attend the weekly management meetings at 8am each Monday morning and contribute every week to the discussions. My primary role is to ensure that EDl's operations are running smoome from an operational perspective. I have the title of operations manager. Whilst this has been my main role, I have had considerable input into the business, and as a result, I have been told by James Only that my contributions have become highly valued and regarded over time by the management team. In addition, I often have short discussions with Mr James Only immediately following the weekly management meetings. I am paid an hourty rate for my services to the company of $100 per hour, and in the last year, have earned gross fees exceeding $50,000.00. I also attend shareholder meetings of EDI. I have familiarised myself with operations of EDI, including by attending the factory at [capital city], [your state], and have suggested some changes to the production process (which were subsequently implemented). I also monitor operations at the factory and visit work sites when installation problems are experienced. These activities involved n're working approximately ten hours a week. On 12 (3 months ago), DVMS submitted a 24 month survey of my business activities to the Department. Prior to doing so, I had attended the ofces of DVMS and been advised by Allan Spence that I was complying with my visa obligations and that he had no concems at all with the role I had played. Following that submission, on 7 (6 weeks ago), an officer of the Department issued a notice of intention to cancel my visa. DVMS told me that they responded to that notice by letter dated 24 (4 weeks ago). Unfortunately, the submission was not accepted by the Department. On 4 (2 weeks ago), the Minister decided to cancel my visa. DVMS sought an internal review of the decision, but it was afrmed. I am very upset by this decision. I had thought that I had been complying conscientiously with my visa obligations, and had in fact relied on my appointed migration agent to advise me and ensure that I did so. He told me on several occasions that he was condent I was complying with those obligations, and l relied on his advice. I am not an expert in these matters. | feel very let down, and disappointed. ADMIN T1 A1 Brueckner ALL STATES 2020_D4_21.dccx Page 4 of The College of Law Limited