There is provided a particle sorting apparatus, including: an excited light irradiating unit for irradiating an excited light to particles flowing through a flow path; a light irradiating unit for detecting a speed for irradiating a light for detecting a speed to the particles at a position different from the excited light; a light detecting unit for detecting a light emitted from the particles; a calculating unit of an arrival time for individually calculating an arrival time of each particle at a sorting unit being communicating with the flow path from a detection time difference between the light derived from the excited light and the light derived from the light for detecting a speed; and a sorting control unit for controlling sorting of the particles, and a method thereof.