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- if you have applied in another Dublin country but have withdrawn your application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!