Auckland structural engineer Hung Tran, who repaired earthquake-prone buildings, refused accommodation because his son was autistic

The Immigration Department rejected the application because Tran's 8-year-old son, Khoi, is autistic and considered to have “no acceptable level of health.”

Originally from a small village in Vietnam, Tran started out in Aurecon's office in Ho Chi Minh City before his specialist skills were supported by a move to New Zealand.

He has worked on projects such as the enhancement of Auckland's historic Main Post Office building (which houses part of Britomart train station) along with the Puhinui Junction and the design of Totara Humaru for the Waitemata District Health Board.

Khoi Tran, 8, attends Auckland Central Specialist School in Mt Roskill.

In 2023, Tran brought his wife and two young sons to Auckland, and the family settled in Mount Albert.

He has an approved employer work visa until May 2026, and Khoi Tran holds a dependent child student visa until March 2026.

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“We love New Zealand and want to make it our home – we have sold everything we had in Hanoi and are committed to living here.

“I'm really excited about enhancing seismic strength and I know how important it is in New Zealand,” Tran said.

“I want to continue making buildings in New Zealand safer.”

With the support of his employer, Tran applied for residency under the Direct Resident Visa category, but was rejected because Khoi suffers from 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 has demonstrated his ability to address complex seismic challenges by developing the enhanced design of the Main Post Office Building, an iconic heritage structure in Auckland,” one said.

The department praised Tran's “dedication to seismic engineering and his ability to contribute to improving the safety of existing structures.”

Khoi, 8, attends Auckland Central Specialized School in Mt Roskill and is essentially non-verbal.

He is strong, healthy, does not need medication, and can eat and go to the toilet independently.

“He's doing well in school here, he's stable here and taking care of himself at home,” Tran said.

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“He is very healthy.”

The doctor's notes in the app show that Khoi is “physically healthy and his medical needs are not significantly higher than would be expected for his age.”

Jock Gillray, visas manager at Immigration New Zealand, said Khoi's autism spectrum disorder “requires significant support and is seen as placing significant costs and/or demands on New Zealand's health and education services”.

As part of the health evaluation process, the medical evaluator determines whether the condition will cost more than $81,000 over the next five years.

The Tran family loves the Kiwi lifestyle and wants to make New Zealand their permanent home.

Because the Khoi were viewed as requiring 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 is likely that he will require full-time ongoing care,” Gillray said.

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“This family's potential contribution to New Zealand was weighed and balanced against this medical information in the medical waiver. After careful consideration, this medical waiver was rejected.”

Tran said his salary will increase over time and he can support his son.

Gillray admitted it was disappointing for Tran's family.

“However, these requirements are designed to ensure that people entering New Zealand do not impose excessive costs and requirements on New Zealand's health and special education services.”

Tran said he hoped Immigration New Zealand would reconsider his application and planned to appeal.

“We would all be very sad if we had to leave New Zealand, this is our home and our community now,” he added.

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“We are young and have a lot to offer this country.”

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