I believe you, but that's hard to tell from the pictures. The two big pics in your post make it look like the door sticks out a little farther on the passenger side based on the alignment of the lenses for the lights. My point is that It's very difficult to tell how good or bad it is from pictures, because the slightest change in angle can make a gap look huge or it can make the gap look normal.Mine is straight across the back and gaps are even across the sides of the hatch and identical for both sides.
I looked at mine and the gaps around the edge are all pretty darn even. The driver's side seems just a hair low, based on how the lenses line up, but it's still darn good and you can't really tell unless you run your finger across the gap and over-analyze it. The top edge of mine up by the spoiler looks just like the pics Ruby Red posted, where it almost seems like the curve of the door at the top isn't quite identical to the curve of the roof at the opening. Mine has equal gaps on both sides and it's fine at the top edge of the opening.
Clearly the door is designed to have some tolerance in it for the benefit of the all the motorized parts (the closer and the lift mechanism). Most parts are made to make the car easy to manufacture, and they can't spend 10 minutes per car aligning the door on the assembly line. If all of those motorized parts required very tight tolerance, they'd be completely unreliable in weather extremes (hot or cold). It's probably a good thing that it's designed the way it is.
If the OP's door looks as uneven in person as the pictures 142633 and 142639 make it seem, then the dealer should have had a much better attitude about making an effort to adjust it. Hopefully it all gets worked out.