Dejean, Hervee

Hervee has a high-volume practice involving many aspects of administrative law. She has advised and litigated in such areas as discrimination, compensation and unlawful dismissal, and has conducted many conciliations and mediations in these areas. She has also appeared in the Federal Circuit Court and Federal Court for Commonwealth employers in numerous workers’ compensation matters.

Migration law dominates her current workload and she conducts proceedings in the Federal Circuit Court, Federal Court and High Court in this area, although she also has a large practice in the Administrative Appeals Tribunal.

Hervee has conducted litigation involving public interest immunity claims, challenges to the constitutional validity of remedial legislation, claims asserting ultra vires and challenges under the Administrative Decisions (Judicial Review) Act 1977. Many recent cases involve challenge to ministerial decisions and have attracted media attention – for example, AMOU v Minister for Immigration and Border Protection [2015] FCAFC 45.

Hervee was appointed as the Client Service Manager for the Department of Home Affairs (Immigration) in March 2020.

Recent experience

Hervee’s recent experience includes:

• representing the Minister for Home Affairs in Falzon v Minister for Immigration and Border Protection being High Court proceedings challenging the constitutional validity of mandatory visa cancellation powers
• representing the Minister for Home Affairs in Chamoun v Minister for Immigration being Federal Court proceedings relating to the statutory construction of the Minister’s visa cancellation powers on the grounds of national interest
• representing the Minister for Home Affairs in a challenge to the actions of a Federal Court judge, asserting violation of duties under the Constitution. 

Qualifications

Bachelor of Arts, University of Sydney, 1993

Bachelor of Laws, University of Sydney, 1989