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2 years back I came to poland and went back to my country (Sri Lanka) again in 2018 I came to Switzerland on a tourist visa ( this time I didn't give my finger prints at the embasy but swiss immigration checked my figerprint at the Airport ) now I wanna know 2 things

1st Since my uncle sent me an invitation letter to support my Swiss visa and will it be a problem for him if seek asylum ?

2nd  Dose Dublin 111 effect if I seek aslym in Italy?

Kindly please answer to my questions

Thanks.
asked Jan 4 in Asylum proceedings by Roy321
edited Jan 9 by Roy321
This question will be very valuable if it get answer

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2 Answers

+2 votes

Dear @Roy321,

Welcome to the Wefugees community and thank you for sharing your questions with us!

I'm not sure I entirely understand your situation, so do correct me if I misunderstand: You were in Poland two years ago but didn't apply for asylum then, and in 2018 you came to Switzerland on a visa that is partly based on your uncle's invitation? 

First of all: If you had already claimed asylum back then in Poland, but returned to your home country, your case would be considered "discontinued". Have a look at Marcel's answer here: Claim asylum for second time in EU.

Dublin III applies in the following cases: 

  • if you have applied for asylum in another country that is part of the Dublin regulation and your asylum claim is still ongoing
  • if you have applied in another Dublin country but have withdrawn your application
  • if you have applied in another Dublin country but your claim has been rejected
  • if you have a visa or residence permit from another Dublin country (because of a national ban on deportation for example)
  • or if your fingerprints have been filed in another Dublin country before you entered the Dublin country you are in now (using the shared central fingerprint database EURODAC)
Even though Switzerland is not part of the EU, it is part of the Schengen and Dublin agreements (Source: http://w2eu.info/switzerland.en/articles/switzerland-dublin2.en.html). Since you entered Switzerland with a visa/ Switzerland issued you a visa, they would be responsible for your asylum claim - so Italy might send you back based on your visa, if you try to claim asylum there. 
As for your first question, I'm unsure how your asylum claim would affect your uncle. Did he write a Declaration of Sponsorship? I've tried to find sources discussing effects for hosts if their guests claim asylum instead of leaving the country and only found the following document, stating that:
"The declaration of sponsorship takes effect from the day the applicant enters Switzerland and is valid for a period of 12 months. It may not be revoked. Note: the guarantor pledges to cover the above-mentioned costs but cannot legally vouch for their guest’s departure from Switzerland."

To me that sounds like the host declares to cover certain costs, but can't be held responsible if the invited person doesn't leave. I may be wrong.

If you have a look at the first source I shared with you (about Dublin), you can find the contact information of the Swiss refugee council. It might help to contact them regarding your case, as they can help you in more detail than we are able to.

Please feel free to reach out to the community with any further questions!

Kind regards,

Isa

answered Jan 8 by Isa 1 flag
Thank you  for the response Isa
I have given My finger prints at the poland Emabsy (2016)in that case does my finger print consider as EURODAC if ask asylum in another country after coming to Switzerland or eles Swiss will be the sole responsible for my asylum?

also my uncle as not  signed any declaration of sponsorship for my Swiss visa Just a formal lette only
+1 vote
I am also with tourist visa here and same situation. Waiting for the answer.
answered Jan 5 by Ragav
Hi Ragav

You can seek asylum in France but if you want to ask from another country you will face the Dublin iii issue
Since my case is quite different from yours as I have not given the finger prints  at Swiss embassy because 2 years back I came to poland so basically it's not needed to give the 2nd time. That's what am wondering how the Dublin iii effects my case!
Hi,
before two years you came to Poland. So you gave your finger at Poland embassy. So its in VIS system. its shared between schengen countries. in the VIS already they uploaded your poland visa application ( schengen visa application ), Copy of passport and your finger . they keep for 5 years.

This time your uncle sponsored you. So in the VIS they upload your new schengen visa application too.
So when you ask asylum in the schengen country you have to give your finger. Then your profile will open on VIS system. They can see your copy of passport and schengen visa application. In the application everything mentioned. Even about your sponsor details too. So according to that they will take decision.  According to the Dublin you have to ask asylum in Poland as you have previous visa which taken within 5 years  ( I am not sure ). You can ask asylum in Italy too. They may send back to Poland or Swiss. But You can refuse that for the correct reason. Or if they are not send you back within the time period ( Dublin ) then you can go furthermore in Italy.  I think. Thank you.
In my case I came to Italy before 12 years. So no records in VIS. now they have record about my France visa. So I have to apply asylum here. But in another schengen country also I can ask asylum. But its under Dublin procedure. So they may send back to France. I can refuse that for proper and acceptable reason. Other wise surely they will send. if they got late to send back to france then I can proceed in the country where I ask asylum.
Thanks for the informations Ragav
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