Don't know if this is good or bad news. Their assertion remains untested in court, which is not as good as a court actually declaring we are protected. So far, only the Department of Justice have declared we are protected, which doesn't actually carry any legal weight, since it is a legal opinion and not a judgement of the court. I.e. the DOJ is the country's lawyer, but not a court.
OTOH, worst of all would be to have it go to court and have the court declare that we are not protected.