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An employer has fended off a claim that it rejected a candidate for a role because he wasn't Australian, with a tribunal finding his $8.7 billion racial vilification claim was "misconceived".

The candidate made an application under section 7 of the Victorian Racial and Religious Tolerance (RRT) Act, alleging Toll Holdings Ltd had vilified him on the grounds of his race and religious beliefs.

He told the State Civil and Administrative Tribunal that earlier this year he attended an interview with Toll, during which he performed "superbly".

He said he informed the selection panel members that he was overqualified for the role, but not to let that discourage them from hiring him, as he wanted to be Toll's executive chairman in the future...