The decision has been handed down, but one question remains. "How can someone who is guaranteed international protection reach a European border?" Eugenio Ambrosi, director of the Brussels regional office of the International Organization for Migration, wants to know. Existing law only applies when a person arrives on EU soil. "This is a loophole that only the union can close," Ambrosi said.

Last year, more than 5,000 people drowned in the Mediterranean Sea while attempting to escape war or other unsustainable conditions. The European Court of Justice (ECJ) had the opportunity to create a legal path to prevent future tragedies.

Yet ECJ judges in Luxembourg reached a different decision, finding instead that EU member states were not obliged to issue humanitarian visas at their embassies. Individual member states are responsible for their own applications, they ruled, and thus nations are entitled to accept or deny people as they see fit.

The decision dashed the fervent hopes for a revolutionary change to asylum law held by activists and support groups for displaced people. Pro Asyl called the decision a "sad day for refugee protection." Karl Kopp, the group's Europe spokesperson, said the decision "plays into the hands of fortress builders and the human trafficking industry."

Back to Syria

Belgium initiated the legal proceedings, asking the ECJ to rule on the case of a Syrian family that requested a humanitarian visa at the Belgian embassy in Libya in 2016. Belgium sought clarity on the issue, and now, after the ECJ decision, the Syrian family has no legal path to enter Europe.

How did Europe's refugee crisis start? Fleeing war and poverty In late 2014, with the war in Syria approaching its fourth year and Islamic State making gains in the north of the country, the exodus of Syrians intensified. At the same time, others were fleeing violence and poverty in countries such as Iraq, Afghanistan, Eritrea, Somalia, Niger and Kosovo.

How did Europe's refugee crisis start? Seeking refuge over the border Vast numbers of Syrian refugees had been gathering in border-town camps in neighboring Turkey, Lebanon and Jordan since 2011. By 2015, with the camps full to bursting and residents often unable to find work or educate their children, more and more people decided to seek asylum further afield.

How did Europe's refugee crisis start? A long journey on foot In 2015 an estimated 1.5 million people made their way on foot from Greece towards western Europe via the "Balkan route". The Schengen Agreement, which allows passport-free travel within much of the EU, was called into question as refugees headed towards the wealthier European nations.

How did Europe's refugee crisis start? Desperate sea crossings Tens of thousands of refugees were also attempting the perilous journey across the Mediterranean on overcrowded boats. In April 2015, 800 people of various nationalities drowned when a boat traveling from Libya capsized off the Italian coast. This was to be just one of many similar tragedies - by the end of the year, nearly 4,000 refugees were reported to have died attempting the crossing.

How did Europe's refugee crisis start? Pressure on the borders Countries along the EU's external border struggled to cope with the sheer number of arrivals. Fences were erected in Hungary, Slovenia, Macedonia and Austria. Asylum laws were tightened and several Schengen area countries introduced temporary border controls.

How did Europe's refugee crisis start? Closing the open door Critics of German Chancellor Angela Merkel's "open-door" refugee policy claimed it had made the situation worse by encouraging more people to embark on the dangerous journey to Europe. By September 2016, Germany had also introduced temporary checks on its border with Austria.

How did Europe's refugee crisis start? Striking a deal with Turkey In early 2016, the EU and Turkey signed an agreement under which refugees arriving in Greece could be sent back to Turkey. The deal has been criticized by human rights groups and came under new strain following a vote by the European Parliament in November to freeze talks on Turkey's potential accession to the EU.

How did Europe's refugee crisis start? No end in sight With anti-immigration sentiment in Europe growing, governments are still struggling to reach a consensus on how to handle the continuing refugee crisis. Attempts to introduce quotas for the distribution of refugees among EU member states have largely failed. Conflicts in the Middle East and elsewhere show no signs coming to an end, and the death toll from refugee sea crossings is on the rise. Author: Rachel Stewart



"Now their only option is to illegally travel to Lebanon, or to pay human traffickers," said Tristan Wibault, the family's lawyer. He called the ECJ's decision "very disappointing: The court chose a formalistic argument to avoid the issues in reality. The deeper questions were not analyzed."

Wibault said the family would now have no choice but to return to Syria after being turned away by Belgium. Life there will be extremely dangerous for the family: The father claims to have been kidnapped and tortured in Aleppo until he was freed after he was ransomed. He says that the family's Christian Orthodox faith makes survival in war-torn Syria more difficult still.

'EU has to take responsibility'

Advocate-General Paolo Mengozzi (picutred) strongly urged the use of similar rationale in his closing argument: EU member states must allow entry to people who are "under threat to life and limb." Mengozzi's assessments serve as a basis for judges' decisions but are in no way binding. "In my opinion it is imperative that member states not duck their responsibilities in times in which borders are being closed and fences erected," Mengozzi wrote.

The European Parliament is also pushing in that direction. Following the ECJ decision, Green Party parliamentarian Ska Keller explained: "The European Parliament has made clear its support for humanitarian visas. EU member states must now adapt to European refugee policy and firmly anchor the right to humanitarian visas in Union legislation."

But asylum law falls under the purview of the individual member states. All 28 heads of state and government would thus have to vote in support of such calls from the European Parliament for them to become legally binding. Recently, a proposal to do so was voted down. Instead member states approved a ten-point plan to shut down smuggling routes across the Mediterranean during their latest EU summit in Malta. The plan, among other things, proposes that the Libyan coast guard stop all travel toward Europe.

Relief in EU

The ECJ's decision likely comes as a relief for most member states. In all, 14 member states submitted statements/opinions to the ECJ on the case being heard in Luxembourg, among them, Germany. In the statements each country laid out their own justification for the rejection of humanitarian visas.

Had the ECJ handed down a pro-visa decision, it would have forced member states to embrace a policy that has been largely rejected on both the national and the EU level. Fears about opening Europe's doors to 65 million refugees around the world are simply too high – and that at a decidedly unfavorable moment.

This year will see a number of elections across the European Union. Right-wing populists could make large gains in several of those elections, perhaps even moving into governing coalitions. The influx of hundreds of thousands of refugees is a major election theme for many of them.

"I don't think that the EU is interested in protecting refugees right now," the lawyer Wibault said.