Devastated British backpacker Laura Smith has had the second year of her working holiday visa rejected because the government claims her salary was 'too low' to have completed the required days working in regional Australia to be granted a visa.

Ms Smith, from Scotland, claims she worked for 104 days in rural Australia, but the government rejected her claim based on her total earnings, which were as little as $98.65 each week. She appealed the decision with the Administrative Appeals tribunal, but was rejected, leaving her $1,600 out of pocket and being ordered to leave the country in just 28 days.

The 26-year-old worked in Mildura, Victoria, from March to August removing dead vines from the vineyards and then sorting oranges into boxes in a factory.

Ms Smith admits she struggled to pay for food and accommodation while earning just $2.50 an hour, six days a week, but the promise of an extra year's visa spurred her on.

'I would often doubt if I should continue, but my longer term goals of staying in Australia kept me there,' the qualified nurse said. 'I just begrudgingly accepted my pay packet each week'.

British backpacker Laura Smith, whose second year working holiday visa application has been rejected even though completing the 88 days work required

The 26-year-old posing with a tractor during one of her 104 days of regional work

Miss Smith said her health also suffered, particularly while spending three months removing vines, requiring her to take anti-inflammatory tablets for her sore wrists.

However, nothing was to compare with the pain of being told that her application for a second year's working holiday visa had been rejected after she submitted her application at the end of last year.

She immediately applied to the Administrative Appeals Tribunal to challenge the decision and was confident she had the paper work to win the case.



Happier times in Australia for Miss Smith as she interacts with the native wildlife

The British nurse who was left devastated when her visa application was rejected

But the Administrative Appeals Tribunal rejected her claim two weeks ago, saying they were 'not satisfied' her pay reflected the work she had done.

For her appeal, Miss Smith even called on the owner of the One Big Family Hostel in Merbein, outside Mildura, to testify in her favour.

'I had no idea what was happening, I begrudgingly accepted my pay packet each week, oblivious it wasn't in compliance with the rules,' she said.

Miss Smith found work through One Big Family Hostel in Mildura, who gave evidence in her appeal against the decision

Laura Smith worked removing vines in Mildura, in rural Victoria

The British backpacker (center) takes time out from farming to strike a pose for a photo

The final decision which has left Miss Smith baffled after completing her regional work

The Administrative Appeals Tribunal found that 'whilst sympathetic' to her situation' they had 'no capacity to circumvent this provision'.

The decision left Miss Smith enraged after spending over four months in rural Victoria with the understanding she'd receive her second year working holiday visa.

'It has been a waste of four months of my life. I've done this slave labour for nothing. The living conditions were squalid and the work was near impossible for girls. We were simply not strong enough. The only people making a respectable wage were the boys.'

The owner of the hostel where she found work, Ilario Cavallo, who made a contribution to her appeal cost, told the Tribunal that various things impacted her income - for example, the weather or how twisted the vines were.

'It's completely unfair, I've done my regional work which should entitle me to one more year in Australia, yet I having to go home,' she said.

'I'm being punished for being underpaid,' said Miss Smith.

'Not only that but I've had to shell out $1600 for the appeal and I'm not alone, there are people from my hostel in the same boat. '

'I had hoped to one day gain sponsorship and work as a qualified nurse.'

The Australian Administrative Tribunal told Daily Mail Australia the reasons for the decision had been published.

'The AAT does not provide any further comments on individual matters,' the spokesman said.

Miss Smith's plight follows the mother of murdered backpacker Mia Ayliffe-Chung criticising the working conditions of British backpackers in Australia.

In a petition to improve the standards for backpackers, Rosie Ayliffe said: 'The conditions which these youngsters are enduring in order to obtain a second year visa to stay in Australia are unacceptable.

'This seems to be ignored by the Australian authorities.'