Khoi Tran, 8, is physically healthy but is mainly non-verbal
The family of a qualified structural engineer whose work has made some of New Zealand’s prominent buildings safer has been declined residency because their young son has autism.
Hung Tran said receiving the recent response from Immigration New Zealand devastated him and his young family.
Tran has worked for the New Zealand branch of Aurecon since 2018.
Immigration declined the application because Tran’s son Khoi, 8, has autism and was deemed “not to have an acceptable standard of health”.
Originally from a small village in Vietnam, Tran started at Aurecon’s Ho Chi Minh office before his specialist skills saw him sponsored to move to New Zealand.
He has worked on projects such as strengthening Auckland’s historic Chief Post Office building (which houses part of the Britomart train station) along with the Puhinui Interchange and designing Totara Haumaru for the Waitematā District Health Board.
In 2023 Tran brought his wife and two young sons to Auckland, with the family settling in Mt Albert.
He has an Accredited Employer Work Visa until May 2026 and Khoi Tran is on a Dependent Child Student Visa until March 2026.
“We love New Zealand and want to make this our home - we sold everything we had in Hanoi and are committed to living here.
“I am really passionate about earthquake strengthening and I know how important it is in New Zealand,” Tran said.
“I want to continue to make New Zealand buildings safer.”
Supported by his employer, Tran applied for residency under the Straight to Residence Visa Category but was declined because Khoi has mild to moderate autism.
Numerous references from managers and colleagues describe Tran as not only a “valuable team player” keen to share his knowledge but also “highly skilled” and an “essential employee.”
“He showcased his ability to tackle complex seismic challenges by developing the strengthening design for the Chief Post Office building, a prominent heritage structure in Auckland,” one said.
Management praised Tran’s “devotion to seismic engineering and his ability to contribute to improving existing structures' safety.”
Khoi, 8, attends Central Auckland Specialist School in Mt Roskill and is mainly non-verbal.
He is strong, healthy, needs no medication and can eat and go to the toilet independently.
“He is doing really well at school here, he is settled here and looks after himself at home,” Tran said.
A doctor’s notes in the application show Khoi “is physically healthy and his medical needs are not above and beyond what would be expected for his age.”
Jock Gilray, director visa at Immigration New Zealand, said Khoi’s autistic spectrum disorder “required significant support and was deemed to impose significant costs and/or demands on New Zealand’s health and education services”.
As part of the health assessment process, a medical assessor determines whether the condition will cost more than $81,000 over the following five years.
Because Khoi was seen as needing full-time care in the community a medical waiver could not be granted and the residency application was denied.
“In this case, given the nature of Khoi Tran’s developmental disorder and his current support needs, it was considered likely that he would require ongoing full-time care,” Gilray said.
“The potential contribution of this family to New Zealand was weighed and balanced with this medical information in a medical waiver. After careful consideration, this medical waiver was declined.”
Tran said his salary would only increase over time and he could support his son.
Gilray acknowledged it was disappointing for the Tran family.
“However, these requirements are designed to ensure that people entering New Zealand do not impose excessive costs and demands on New Zealand’s health and special education services.”
Tran said he hoped Immigration NZ would reconsider his application and he planned to appeal.
“We would all be very sad if we have to leave New Zealand, this is our home and our community now,” he said.