I bet you have to sign a waiver when the car is updated to the effect that you won't pursue compensation etc.
they will be signing a waiver when it goes in for its mot they WONT be doing the recall ! - if it still passes then it wont be getting done at all 

It will still pass. The test for new cars is very different to the MOT.
The update is likely to just remove the 'defeat device' they wouldn't risk upsetting customers/press further by changing fueling/boost mapping.
...the change in injectors, (if they indeed are changed) will be to ensure that the emissions are within the limits of the original test.